2020

Damages – Assessment of – Assault & Battery – Trespass to land – Aggravated Damages – Whether appropriate in the circumstances

Motor vehicle accident involving two separate collisions – Statutory and common law duty of care owed by each driver to other users of the road – Whether one or more that one driver liable for accident – Whether any contributory negligence arises

Recovery of possession of land - Defence of adverse possession - Whether factual exclusive possession and intention to possess proven - Defence of proprietary estoppel - Whether there is evidence of assurance - reliance - detriment - Person in whom interest via proprietary estoppel resides is deceased - Estate not a party to the proceedings - Defendants are not personal representatives of the estate -Whether the Defendants can rely on the rights of the estate to remain in possession - Mesne Profits.

Burden of proof on claimant to establish that vehicle and driver involved in accident correctly identified and that correct party is before the court based on the principles of vicarious liability and the separate legal personality of a company. Importance of statement being in compliance with rule 29. 4 (2) of the Civil procedure Rules when a witness is illiterate

Property dispute – Claim for 50% interest in properties – Parties unmarried – Dwelling houses built on lands not owned by either party –– Whether family home – Whether the equal share rule should apply – Property (Rights of Spouses) Act

Motor vehicle accident – Doctrine of Res Ipsa Loquitur inapplicable where there is evidence of how accident occurred – No case submission where defendant not put to election – Emergency vehicle regulations – Duties owed by other drivers to drivers of emergency vehicles – Duties of drivers of emergency vehicles – Evidence of Accident Reconstruction Experts

Land Dispute – Whether title obtained by fraud – Registration of Titles Act (RTA), ss. 70, 161(d) & 162 – Expert Evidence

Negligence – motor vehicle accident – pedestrian – credibility of parties – no independent eye witness

Employer’s Liability – Components of duty of care owed by an employer to an employee – Whether employee contributorily negligent – Quantum of Damages for injuries including electric shock

Damages - Assessment of damages based on undertaking given on obtaining an
interlocutory injunction