2013

McGregor, Leroy v Francis, Verda

Registration of Titles Act - Cancellation of title -  Limitation period - Fraud - Whether claim is statute barred - Equity - Division of property - Resulting trust - Constructive trust.

Hamilton, Marilyn v United General Insurance Company Ltd.

Employment Law - Whether claimant introduced pirated software into defendant’s environment - Whether the claimant was wrongfully dismissed - Whether Addis v Gramophone precludes award for breach of trust and confidence - Loss of advantage on labour market-stigmatization - Claim for anxiety and depression - Whether failure to mitigate reasonable - What constitutes reasonable notice to terminate - Entitlement under pension scheme - Whether employee entitled to employer’s contribution upon termination of contract - Defamation

Bowen, Norman W. M. v Robinson, Shahine; Brown, Rupert; Walker, Danville and the Attorney General of Jamaica

Costs granted on Indemnity Basis - Taxation of Bill of Costs by Registrar - Review or appeal of registrar’s decision - Section 27 Legal Profession Act and Civil Procedure Rules 65.26 considered - Registrar’s discretion - Retainer agreement - Must contain language advising the client of certain options – Onus on paying party to show costs are unreasonable – Right of paying party to cross-examine..

Bennett, Hugh & Bennett, Jacqueline v Williams, Michael

Application for extension of time to file defence - Need to also obtain extension of time to file acknowledgement of service - Neglect of attorney in failing to file defence in time - Failure of applicant to offer any explanation for failure to file acknowledgement of service - Filing of counterclaim and ancillary claim - 'Ancillary claim' defined in rules of court as including 'counterclaim' - Factors to be considered by Court in deciding whether to grant an extension of time for filing of defence - Length of delay - Reasons for delay - Prejudice of claimant - Whether proposed defence has

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