2009

Mortgage-Priority- Discharge of Mortgage as Opposed to purchase or

acquisition- In what circumstances does the presumption arise that

C! stranger paying off mortgage intends to keep mortgage alive- What

amounts to evidence of contrary intention.

Summary Judgment - summary judgment will not be granted where what is

placed before the court is the inert dry bones of the case, waiting to be called

to life by the breath of oral testimony. For only the prophet would be seized

with the prescience to know what form the inert dry bones would assume once

r- clothed with testimonial sinew.

Contract for sale of land -- delay by purchaser -- vendor serving notice to complete --

notice making time of the essence -- validity of notice to complete --whether service of

notice to complete on purchaser's attorney-at-law valid--effect of notice -- purchaser

failing to complete within time -- Rescission by vendor -- whether rescission valid --

whether purchaser entitled to specijic performance --; whether vendor entitled to

Limitation of Actions Act - Applicability to demand loan and credit card

debt- Whether litpitation period six years or twenty years - "Warrant

Obligatory" - Sub~mary Judgment Procedure - Rule 15.2 of the Civil

Procedure Rules, $002, as amended.

Defaulf judgment - Appliation to set aside whelfher the CPR has two

drsfinct mbnC for sethng aside - whefier pemission mqmUId to He

acknowledgement of seml'ce ozzt of h-me - whether an imgularly obtained

default judgment can be vmBM-e Rd. 13.2 mdR . 13.3.

Wem an acknowledgement of semke is filed befom lfhe request for

judgment in default to be enterred? lfhough filed oufside of time allowed by

Practice and Procedure - Fixed Date Claim Form not served - Order made thereon

- Respondent said to be unable to manage his affairs - Application to set aside order - Whether notice of the Fixed Date Claim form should have been given - Whether

any other order would have been made had notice been given - CPR, rules 5.10,

11.16 and 11.18

Mental Health - Application for order appointing Committee - Whether notice of

Application for order to stay proceedings - Preliminary point re forum non

conveniens - Time to file answer when petition served outside the

jurisdiction - Whether more than time allowed when served locally -

Interpretation and Application of Part 76 of the Civil Procedure Rules, 2002,

as amended, in particular Rule 76.9 and 76.1 1 - Whether lacuna in Rules.