2010

Campbell, Juliet, Buchanan, Oren v Prendergest, Donnette and Hall, Junior

Tortious damage to property; credibility; assessment of damages; betterment.

When the incredulity of ,the defendants is juxtaposed with the credibility of

. .the claimants, the aphorism, "truth press down is like oil poured in water, it

: rises to the top," comes into sharp focus. The court is constrained not to look

askance at the manifest truth of the claim. Accordingly, the claim is found

proved on a balance of probabilities.

Campbell, David v Anderson, Norma, Campbell Marlene et al

Land - Joint Tenancy - Severance registered on Certificate of Title - One co-owner

dying subsequently - Deceased alleged to have secured the severance by fraud -

Nature of evidence required to prove fraud - Whether deceased secured possessory

title against otber co-owner

Toby, Dr. Leslie v Hinchcliffe, A. H. and Manpower and Maintenance Services Limited

Practice and procedure - Application for relief from sanctions - Claimant's statement of case struck out because of failure to obey orders made at case management conference - Application filed three years after act of striking out - Claimant's attorney-at-law blamed for delay - Attorney-at-law now dead - Whether application made promptly - Whether general compliance with other orders - CPR RULE 26.8

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