2023

Application to modify restrictive covenants under section 3(1) of the Restrictive Covenants (Discharge and Modification) Act – What is the neighbourhood – Whether the character of the neighbourhood has changed - whether restrictions are obsolete - Whether the reasonable user of land impeded – Whether the proposed modification will not injure the persons entitled to the benefit of the restrictions

Claimant filing suit in a representative capacity as executor of his mother’s estate - Death of the claimant prior to trial - Devolution of office of executor on death where there is a surviving co-executor - Inapplicability of the chain of representation - Suitability of applying for administrator ad litem by executor of deceased claimant -Applicability of CPR 19.3, 19.2(5) and 21.8

Adequacy of claimant’s pleadings – Application to amend statement of case – Defendant requesting that claimant’s statement of case be struck out - Registered mortgage and the effect of foreclosure on the equity of redemption - Sections 119 and 120 of the Registration of Titles Act

Setting aside order for alternative method of service of claim form and particulars of claim on insurer - Extending time to make the application - Whether the insurer’s efforts to contact its insured were reasonable. 

Whether there was service of a notice of application for court orders – The effect of filing an amended notice of application for court orders – Whether an amended notice of application for court orders supersede an earlier notice of application - Whether the earlier notice of application should be struck out for lack of compliance with a court order directing service by a specified date

Family Law - Divorce - Application for Decree Absolute - Issues relating to custody of relevant child unsettled - Whether Decree Absolute should be granted - Matrimonial Causes Act Section 27 - Civil Procedure Rule 76.12, 76.14

Default judgment - Whether default judgment was regularly obtained - Whether there is a real prospect of success - Recovery of rent and possession – Burden of Proof Civil Procedure Rules 12. 4, 12. 5 & 13.3, 13.4.

Civil Procedure Rules – Rule 13.2 - Application to set aside default judgment – Whether defendants were served – Whether default judgment should be set aside as of right. 

Application to amend statement of case - CPR 19.4 - Adding a defendant after the limitation period - Whether case of misidentification or misnaming - CPR 20.4 – Application to strike out claimant’s statement of claim.

Assessment of damages – Multiple facial lacerations - Loss of sight in left eye, multiple facial scars, weakness of the buccal branch of the left VI cranial nerve - Skin graft to reduce the size of the scars – Future medical care - Whether evidence sufficient to make an award for handicap on the labour market