The Hon. Mr. Justice Kirk Anderson

Assault - Battery - False imprisonment - Malicious prosecution - Failure of defence to lead any evidence - Application during trial to strike out defence - Effect of failure of defence to leand any evidence during trial - What constitutes assault - Need to prove loss and/or damage in claim for damages for malicious prosecution - Claim for exemplary damages - Consideration of hearsay evidence during trial - Summary judgment - Prima facie case not be be equated with proven case.

 Application under property rights of spouses act - Partition act application – Applications for division of matrimonial property – Failure to deny allegation in claimant’s statement of case – Failure to provide reasons for putting claimant to proof of allegation – How to make application in relation to section 7 of prosa – Effect of failure to make application in relation to section 7 of PROSA - Applicability of presumption of equal division – Section 6 of PROSA – Division of personal property items – Section 14 of PROSA.

 Negligence - Vicarious liability - Need to allege personal liability - Res ipsa loquitur -Vehicle accident between car and parked truck - Impact from behind parked truck – Speeding vehicle – Failure of vehicle driver to exercise due care and attention – Need to prove negligence in a context – Causation

Application for committal for contempt of court – Service of court orders allegedly breached – Failure to comply with Rule 53.3 of the C.P.R. – Effect of failure to comply with Rule 53.3 of the C.P.R. – Need to prove intentional or willful disobedience of a court order – What constitutes intentional or willful disobedience of a court order.

Application for appointment of representative of deceased’s estate as defendant to claim – Section 12 of Administrator General’s Act – Rules 21.1, 21.2 and 21.7 of C.P.RR. – Interlocutory appeal – Leave to appeal.

 Negligence – Admission of negligence – No admission as to damage or loss – No admission of causation – Whether court should enter judgment on admission – Whether court should enter summary judgment even though same was not applied for.

Assault – Battery – Shooting by police officer – Self defence – Burden of proof in respect of self defence in civil cases – Trespass to goods – Conversion – Detinue – negligence – Self defence – Assessment of damages.

Defendants’ application for summary judgment – Whether claim has a real prospect of success – Claimant not joining issue with the defendant on an important issue of fact – Summary judgment applications not to be mini-trials.

 Application to set aside default judgment – Whether good reason for failing to file a defence shown – Whether defendant acted promptly upon having become aware that a default judgment was entered against it – Whether proposed defence has a real - Realistic prospect of success.

Assessment of damages – Fatal Accidents Act -  Law Refrom (Miscellaneous Provisions) Act