Instead, the parties rely mostly on Paramount v. QVC to argue that the sale was preclusive, coercive and, together with the other measures, draconian. |
Further, provincial class action legislation cannot operate extra-territorially so as to oblige a court in another province to give preclusive effect to the determinations of the certifying court. |
In such jurisdictions, there is no certainty that a Canadian class action judgment will be enforced and given the required preclusive effect. |
Coleridge in his critical writings of 1808 18 said that: there are two forms of disease most preclusive of tragic worth. |
The point at which costs become preclusive is specific to each case and is left to the discretion of the head of the institution. |
It makes it clear that chapter V has a merely preclusive effect. |