The Hon. Mr. Justice Kirk Anderson

Constitutional law – Violation of right to trial within a reasonable time – Order for constitutional damages as compensation – Components and level of compensation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) time at which it is most appropriate for assessment to be undertaken

Trial - Family law - Division of propert post separation - Equity - Inapplicability of  Property (Rights of Spouses) Act - Presumption arising from having name on title - Alleged pooling of parties' funds - No evidence of childrens' dates of birth - Insufficient evidence of the parties as to maintenance of children - Burden of proof - Whether Limitation of Actions Act is applicable.

CLAIM FOR DAMAGES FOR NEGLIGENCE – CLAIM FOR HANDICAP ON THE LABOUR MARKET – CLAIM FOR LOSS OF FUTURE EARNINGS – MULTIPLIER/MULTIPLICAND APPROACH – LUMP SUM APPROACH – DISTINCTION BETWEEN A CLAIM FOR LOSS OF FUTURE EARNINGS AND A LOSS OF EARNING CAPACITY – HANDICAP ON THE LABOUR MARKET – GENERAL DAMAGES FOR PAIN AND SUFFERING AND LOSS OF AMENITIES – CLAIMANT WAS A WELDER – CLAIMANT’S LEG WAS AMPUTATED DUE TO THE CROWN’S NEGLIGENCE – LOSS OF EARNINGS UP UNTIL DATE OF TRIAL TO BE TREATED AS AN ITEM OF SPECIAL DAMAGES – LOSS OF EARNINGS EXPECTED AFTER TRIAL TO BE TREATED AS AN ITEM OF GENERAL

APPLICATION FOR RELIEF FROM SANCTIONS – RULE 26.8 OF THE CIVIL PROCEDURE RULES (CPR) – MATRIMONIAL PROPERTY DISPUTE

 Application for summary judgment – Applicable legal principles – Burden of proof – Mortgagor and mortgagee – Privity of contract – Negligence – Breach of fiduciary duty – Unjust enrichment.

Striking out application – Application for an administrative order – Application for constitutional redress – Application for constitutional redress joined with other claims in tort – Whether claim form is appropriate form for court proceedings upon this claim – Defence filed out of time – Application for an extension of time to file defence – Relevant factors to be considered by the court in respect of an application for an extension of time to file defence – Court’s general power to correct procedural errors – Over-riding objective.

Constitutional law – Allegations of violation of right to trial within a reasonable
time – Whether violation of reasonable time standard results in grant of stay
automatically – How analysis is to be done – Factors to be considered when
determining whether reasonable time standard violated – Consequences of
violation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) and 16
(1) – Canadian Charter of Rights and Freedoms, Section 11 (b)

Fraud – Definition of fraud – Burden and standard of proof – Registered title – Effect of ss.70 and 161 of the Registration of Titles Act – Effect of ss. 164-168 of the Registration of Titles Act – Whether 2nd defendant is exempted from liability by virtue of s.160 of the Registration of Titles Act – Need to prove fraud on the part of the present registered proprietor if claim is to be proven

Commitment letters setting out terms of loan agreements between the claimant and the 1st defendant – 3rd defendant’s guarantee agreement with the claimant – Whether summary judgment should be awarded to the claimant – Whether the 3rd defendant’s defence is one which has a realistic prospect of success – Variation of initial loan agreement – Circumstances in which guarantor will be discharged from guarantee agreement – Whether guarantee agreement was a continuing security – Whether guarantee agreement is applicable as between the claimant and the 3rd defendant

The Property (Rights of Spouses)  Act – W hat constitutes the family home -Interest in the family home - Third party’s interest - Fixtures and chattels - Land acquired before the parties were spouses - Entitlement to property – F inancial and non-financial contribution - Party’s share in property no longer in the possession of spouse - Adverse possession