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Significant lawsuits of New Brunswick are described, if not elsewhere, here (in chronological order). Consolidations of statute law were published in 1854, 1877, 1903, 1927, 1952, and 1973. A useful "Index to the Private Acts of the Province of New Brunswick, 1929-2012" exists at the New Brunswick branch of the Canadian Bar Association. [1]
Hearing: November 9–10, 2004 Judgment: Decided July 22, 2005; Full case name: Provincial Court Judges’ Association of New Brunswick, Honourable Judge Michael McKee and Honourable Judge Steven Hutchinson v Her Majesty The Queen in Right of the Province of New Brunswick, as represented by the Minister of Justice
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
Lord Millett, giving the leading judgment, held that this was a case concerning the vindication of property rights, not of unjust enrichment. The claimants could elect between (proportionate) beneficial ownership or an equitable lien, whichever was the most advantageous. One traces inherent value, and one set of tracing rules suffices.
In my judgment, therefore, so far as registered land is concerned, the right of a deserted wife to remain in occupation is a right within section 70 (1) (g) and is an overriding interest, available against all successors, save where inquiry is made of her, and her rights are not disclosed.
A right in rem or a judgment in rem binds the world as opposed to rights and judgments inter partes which only bind those involved in their creation. Originally, the notion of in rem jurisdiction arose in situations in which property was identified but the owner was unknown. Courts fell into the practice of styling a case not as "John Doe ...
The Court of King's Bench of New Brunswick consists of a Chief Justice among 17 judicial seats, [4] plus a number of justices who have elected supernumerary status after many years of service and after having attained eligibility for retirement. [5] This tally does not include the 8 judicial seats assigned for the family court.
The Provincial Court of New Brunswick (French: Cour provinciale du Nouveau-Brunswick) is the lower trial court of the province of New Brunswick. It hears cases relating to criminal law and other statutes. The court system of New Brunswick also has a Mental Health Court located in Saint John.