2014

Tort - False imprisonment - Trespass - Award of aggravated and exemplary damages - Award of special damages - Nominal damages - Applicable principles.

Assessment of damages- Personal injury- no measurable PPD
Heard: March 3, 2014 and April 4, 2014
 

Assessment of Damages/Breach of contract

Caution – Testator who suffered from defective eyesight or is blind - Attesting witnesses’ evidence – Burden of proof – Presumption of due execution of will – Need to prove that testator knew and approved of contents of will

Tort – Malicious prosecution and false imprisonment – Assault – Whether right to arrest although search revealed no offensive weapon – Damages

Negligence – Pedestrian hit – One vehicle overtaking whilst another positioned to turn – whether breach of road code evidence of negligence.

Registered Land – Joint Tenancy – Consent Order – Whether Agreement to Waive Consent Order – Effect of Such Agreement – Whether Estoppel Principles Applicable.

Tort – False Imprisonment – Constitutional Breach – Defamation – Arrest – Search and Seizure – Whether reasonable and probable Cause – Injury to business - Whether S. 33 applicable to defamation – Whether warrant under Unlawful Possession of Property Act valid.

Negligence – Vicarious liability – Whether employer liable when employee, to the knowledge of the Claimant, is on a frolic of his own

Judicial review - Application for certiorari - Review of award made by the Industrial Disputes Tribunal - Duties and powers of Tribunal - Power of the court on review - Meaning of unjustifiable dismissal - Whether the tribunal applied the correct legal test - Whether tribunal failed to take into account relevant considerations - Whether procedure for dismissal unfair - Whether tribunal failed to consider total procedure - Whether errors of law were made - Finality of findings of fact - Industrial Disputes Tribunnal - Unjustifiable dismissal - Discretion to order - reinstatement - Whether di