The Hon. Mr. Justice Kirk Anderson

Gardner, Margaret v Gardner, Rivington (2)

Application for contempt for breach of a Court Order – What must be proven – Burden of proof – Standard of proof – Procedural requirements to be met – Part 53 of Civil Procedure Rules – Actus Reus and Mens Rea of civil contempt – Section 21(1) of Maintenance Act.

Drummond, Josel v Drummond, Faval and Woolley, Pauline

Application for interim injunction – Presumption of advancement – Whether presumption rebutted – Lack of bona fides of party seeking to have presumption rebutted – Exercise of discretion – Failure to fully disclose pertinent information.

Union of Clerical, Administrative and Supervisory Employees, National Workers Union, Bustamante Industrial Trade Union (‘The Unions’) v The Industrial Disputes Tribunal et al

Judicial Review – Error of law – Whether error of law need be ‘on face of record’ – Inferior tribunal and presumption of regularity – Failure of majority members of inferior tribunal to provide fulsome reasons for award made – Interpretation of contractual agreement – Parties’ discussions during contractual negotiations – Parties’ expressions of understanding of draft agreement as expressed during contractual negotiations – Parties’ expressions of respective interpretations of contractual agreement after agreement reached – Implied terms – Reference to custom and practice in interpretation

Tucker, Toussant v Bogues, Inez

Application to strike out claim form and affidavit in support - Limitation period - Whether filing of claim outside of limitation period negates existence of cause of action -  Date of time beginning to run for purposes of Limitation of Action Act - Whether reasonable cause of action exists.

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