Cornerstone Barristers’ Post

Claimant group wins judicial review over retrospective effect of quashing of pre commencement condition discharge. Planning partners, Chrisa Tsompani, Stephanie Hall and Nigel Hewitson explain: This deals with a fairly unusual set of circumstances and ultimately confirms that an unlawful start on site will not constitute commencement for triggering a planning permission. Local authorities and developers alike will need to be alive to this judgement when determining s73 applications. Find out more: https://lnkd.in/eVjHJ_tb #davittjonesbould #realestate #commercialproperty #planning

Alberta's streamlined trial rules aimed to simplify legal processes, but their applicability to wrongful dismissal cases has been limited over the past year. Key decisions—such as Arsenault, Hou, and Bailey—show that wrongful dismissal cases often involve factual disputes and complex issues unsuitable for expedited trials. In this month's edition of our Workwise newsletter, Austin Ward and Ben Civil reviewed these rulings, which underline the importance of assessing the suitability of streamlined trials in wrongful dismissal actions, ensuring procedural strategies align with case specifics to avoid unnecessary complications. https://field.law/wwstream #Dismissal #Trials

Unlike the Federal Court, there must be a reason in the Supreme Court for a gross sum costs order - an aversion to costs assessment is not enough. A gross sum order is a special order as to costs, which can be made when the circumstances warrant departure from the usual position that the beneficiary of a costs order needs to have them assessed, and that such an assessment is subject to review. A gross sum costs order is not warranted simply because a party has a costs order and it will convenience that party not to have their costs subject to costs assessment. There must be some good reason to make such an order which needs to be established by the applicant: See recent case in A-Civil Aust Pty Ltd v Meso Solutions Pty Ltd (No 2) [2024] NSWSC 323, Richmond J following Hammershlag Chief Judge in Equity in O'Connor v O'Connor [2022] NSWSC 940.

New blog post alert! The Court has announced revisions regarding contact information and scheduling practices to Civil Practice Note 1 and Commercial Practice Note 1. Visit a recent #LESAblog post to explore the revisions to each practice note and find access to the complete Notice to the Profession. #CommercialLaw #CivilLitigation #Blog https://lnkd.in/gX3G7HP8

While Austin Ward and I's Year In Review on wrongful dismissals and Alberta's new streamlined trial process might not be as exciting as your Spotify Wrapped, it's worth a read. Whether you are an employer or employee, it's wise to stay informed on how this revised trial process might affect your situation. Get in touch to learn more about how we can support you with your employment needs. #EmploymentLaw #yyc #albertalaw #wrongfuldismissal

Appreciated the opportunity to present at the National Business Institute (NBI, Inc.) CLE - "Virginia Civil Practice, Procedure, and Forms - The Unwritten Rules of Civil Court: Lessons You Don't Want to Learn the Hard Way." #continuinglegaleducation, #cle, #VirginiaProcedure.

In a pivotal decision, the Alberta Court of Appeal provided much-needed clarity on lien enforcement and limitation periods under the Builders’ Lien Act. The Court ruled that the limitation clock starts ticking when a lien is registered, and importantly, a Consent Order directing funds into Court can constitute the commencement of a remedial proceeding. In their analysis for this month’s Constructive Thoughts newsletter, Anthony Burden and Tristen Pomerance highlight how the decision underscores an essential principle: procedural errors do not invalidate a claim unless they result in prejudice. https://field.law/Lienlim #ConstructionLaw #BuildersLien #AlbertaLaw #LegalInsights #ConstructionIndustry

💰 Compulsory Acquisition & Compensation Claims – What’s the Process? When land is compulsorily acquired, landowners have the right to seek fair compensation in the NSW Land and Environment Court. This flowchart outlines the key stages of a Class 3 Compensation Claim: 📌 Lodging the appeal 📌 Directions hearings 📌 Conciliation and pre-hearing mentions 📌 The final hearing and judgment Understanding these steps can help navigate negotiations and legal proceedings with confidence. Check out the flowchart for a simple, visual guide to how compensation claims unfold. #CompensationClaims #UrbanLegal #PlanningLaw #LandAcquisition #NSWPlanning #LegalInsights

• Term: Subdivision • Answer: The division of a property into smaller portions, each with its own title deed, requiring approval from local authorities. #KVVInc #FosteringPartnershipsDrivingResults

• Term: Subdivision • Answer: The division of a property into smaller portions, each with its own title deed, requiring approval from local authorities. #KVVInc #FosteringPartnershipsDrivingResults