Wednesday, April 18, 2012

Witnesses may be excused for ill health but only where such is proven strictly

W. Bryant Shears Ltd. v. Sharmat Services Inc. 2012 NLCA 17 is a useful source for the principle that witnesses may be excused for ill health but only where such is proven strictly:

 

[6]              A potential witness may be excused from testifying in court where the trial judge finds that a witness’s health may be seriously jeopardized by attending and giving evidence: see, for example, Toronto Dominion Bank v. Goldberger Holdings Ltd.(1999), 49 C.P.C. (4th) 306 (Ont. S.C.J.); Re Jacobs (1835), 1 Har. & W. 123 (Bail Ct.). The onus of demonstrating the risk to the health or life of the witness is on the party raising it, and the burden is a high one. We would adopt the following statement from Alan W. Mewett, Q.C. and Peter J. Sankoff, Witnesses, looseleaf (Toronto: Carswell, 1991) at 7-27, where the authors, citing  Rumble v. Canada Permanent Trust Co. 1999 CanLII 14267 (MB QB), (1999) 140 Man. R. (2d) 154 (QB) and Lamothe (Litigation Guardian of) v. Parkland School Division No. 63 (2007), 49 C.P.C. (6th) 324 (Sask. Q.B.), suggest that, “… where  the evidence of the witness is required for the action the courts will usually side in favour of granting the examination with conditions imposed to make the process easier upon the witness unless it is clear that the risk of serious harm from testifying simply cannot be avoided.”

 

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Jewelry Watches For Guys And Gals

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Like a variety of other luxury watch brand names Omega was born in a very little shop in Switzerland and it harmoniously grown right up until many influential individuals like presidents, actors and standard icons chose to put on them. Even when the idea with the Omega watches started in the modest shop it rapidly develop and became one particular from the most famous view brand names. But all this course of action of advancement was also a difficult 1, and regrettably, Omega faced severe money concerns throughout the economic economic downturn amongst 1975 and 1980 and had to be bailed out in 1981. There were talks of the prospective get out from Seiko, a competing observe manufacturer, but the revolutionary management, new concepts, new models and brilliant strategies of new types and watch movements managed to conquer these troubles.


Omega is supplied within a selection of versions for each men and women satisfying this way a considerable number of tastes. The merchandise array is categorized by the Constellation, Omega Seamaster, Speedmaster, Deville and Specialties. One of the most favorite designs would be the Omega Seamaster, which contains the Planet Ocean, Aqua Terra and Seamaster Bond styles, and the Speedmaster, which incorporates the Omega Speedmaster Specialized Moon observe. The Specialties feature Olympic collections and refer to another seasonal goods.

The Omega watches are nevertheless the Hollywood on the view empire by connected its name with 1 with the most favored films. On this planet of cinematography: James Bond. Pierce Brosnan wore as an example the Omega Seamaster Quartz Skilled in GoldenEye and, in later on films, the Omega Seamaster Qualified Chronometer. The elegance of this accessory was an awesome addition to the character transforming the observe itself into a character. The diversity will not be above but. In 1999, Omega unveiled their initial mass-produced view that integrated co-axial escapement. Escapement is known as a mechanism that converts rotational movement into an oscillating or back and forth movement (it's the "ticking" sound generated by watches). From landing on Moon to James Bond, the Omega watches knowledgeable all kinds of associations and it has also been the official timekeeper to the Olympics this remaining a signal of diversity.

Even if it's produced amazing ways from landing on Moon to stage into an costly automobile near to Bond gadgets the Omega watches stored an air of tangibility and it basically not possible to not need 1 within the Omega watches.

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