The Hon. Mr. Justice David Fraser

Date of separation - Divisin of family home - Equal share rule - Partnership of equals - Variarion of equal share rule - Unjust - Unreasonable - Factors to be considered - What is fair and just in the circumstances - Contribution - Other factor - Ownership of other property - Burden of proof - Division of property other than family home - Occupation rent - Mense profit - Definition of property - Inherent jurisdiction.

Constitutional law – Violation of right to trial within a reasonable time – Order for constitutional damages as compensation – Components and level of compensation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) time at which it is most appropriate for assessment to be undertaken

Accusation of theft –Summary dismissal of employees – Failure to comply with the 
Labour Relations Code – Offer of reinstatement – Meaning of reinstatement in fact 
and law – Disciplinary hearings on same facts which triggered improper dismissals 
– Propriety of condition subsequent to reinstatement – Definition of industrial 
dispute – Whether there was an extant industrial dispute at time of Minister’s 
referral – Need for second complaint after second dismissal  – Minister’s referral 
ultra vires s. 11A Labour Relations and Industrial Disputes Act 

DNA Evidence Act 2016 − Non-intimate sample sought from accused − Accused
consented then withdrew consent to provide sample − Whether Court order
required for the taking of a non-intimate sample from an adult who does not
consent − Whether sample can only be taken during the “investigative stage”
before a defendant has been charged and placed before the court − Interpretation
of Sections 2, 15, 20 and 25 of the Act.

Constitutional law – Allegations of violation of right to trial within a reasonable
time – Whether violation of reasonable time standard results in grant of stay
automatically – How analysis is to be done – Factors to be considered when
determining whether reasonable time standard violated – Consequences of
violation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) and 16
(1) – Canadian Charter of Rights and Freedoms, Section 11 (b)

Application for prohibitory and mandatory injunctions - Ultimate test for grant - Court should adopt the course that will cause the least irremediable prejudice to one or the other party - Adequacy of damages - Balance of convenience - No exceptional circumstances justifying departure from Marbella principle - Effect of delay on application for injunctive relief - Disirability of preserving status quo.

Application for court to discontinue part-heard application to strike out defence
and enter summary judgment, commenced in absence of lead counsel for the
defence who was ill – Client’s constitutional right to be represented by attorney of
choice – Whether breach of right to fair hearing and equality before the law –
Whether inappropriate material relied on in affidavit in absence of lead defence
counsel – Whether irremediable prejudice suffered by defendant – Court’s ongoing

Application to register foreigh forfeiture order - Relevant considerations for the Central Authority and the Court - Circumstances when appropriate to apply repealed legislatiion - Effect of S.

CPR Part 14 − Withdrawal of Admissions
exercise of the court’s discretion whether or not to permit a defendant to withdraw an admission − Defence of Inevitable Accident establish the defence

Whether claim limited to causes of action specifically pleaded– breach of contract–
elements of contract– informal family arrangements– intention to create legal relations–
presumption of fact– mutual love and affection–assurance by word or conduct–
reliance– detriment– whether defendants’ action unconscionable– unjust enrichment–
restitution– receipt of benefit at claimant’s expense– whether unjust to retain benefit–
principles of equity– no agreement or promise made in writing– to what extent equity
mitigates the rigours of the law