1. General
Austrian Civil Law System
The Austrian legal system is a civil law one. Laws are based on
codes and statutes. Civil procedure provides an adversarial process
with inquisitorial elements: the proceedings and the judge are
limited to the factual allegations of the parties. The judge is not
a mere referee (eg, in the judge s inquisitorial
role, he or she will be the primary interrogator of parties and
witnesses).
Obligatory Public Hearings
A public hearing is obligatory. The judge will determine all
relevant facts of the case in the hearing, hear parties and
witnesses, discuss the content of documents and – if needed
To print this article, all you need is to be registered or login on Mondaq.com. There are known knowns . there are known unknowns .
but there are also unknown unknowns the ones we don t
know we don t know . it is the latter category that tends to
be the difficult ones. Donald Rumsfeld, former U.S.
secretary of defence.
Law students and young lawyers often find themselves in the
world of unknown unknowns. And that is a dangerous and very
stressful place to reside.
That was the case for Zack Silverberg, when he started his
professional journey.
Zack, now an associate at Mills & Mills LLP in Toronto,
To print this article, all you need is to be registered or login on Mondaq.com.
In personal injury claims, the issue of bifurcation often arises
when parties seek to have the issues of liability and damages
decided in separate hearings by the trier of fact. Bifurcation in
trials is governed by Rule 6.1.01 of the
Rules of Civil
Procedure, which states:
With the consent of the parties, the court may order a separate
hearing on one or more issues in a proceeding, including separate
hearings on the issues of liability and damages.
1
In
Duggan v Durham Region Non-Profit Housing
Corporation, 2020 ONCA 788, the issue before the Court of
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New Brunswick has a population of about 770,386 ranking it the
third smallest province in Canada. It covers 28,355 square miles,
the approximate equivalent of New Jersey, New Hampshire and Vermont
combined. New Brunswick is divided by the St. John River into north
and south portions. The river flows directly through Fredericton,
New Brunswick s capital and third largest city, which is
located in the heart of the province. Its most populated city,
Moncton, is located on the eastern side of New Brunswick. New
Brunswick is Canada s only officially bilingual province, and
Stevens & Bolton
You have recruited a new sales person from your competitor. The new employee arrives on their first day and – smilingly – presents you with some rather useful information from their former employment.
Stevens & Bolton
Findings made against the claimant s witnesses in the recent High Court decision of PJSC Tatneft v Gennady Bogolyubov and others [2021] EWHC 411 (Comm) underline the importance of taking.
Goodman Derrick LLP
Civil fraud cases traditionally require the sifting through of thousands of documents to get to a result. Applications for freezing orders are supported by investigations.
Reynolds Porter Chamberlain
In our July 2020 article , we looked at the case of Hart and Hart v Large, which concerned a survey undertaken by Mr Large for the Harts.