Breach of contract - Negligence - Detinue & converstion - Whether claim for damages for negligence can properly be pursued in circumstances which are founded on a contractual agreement - Whether second defendant has propertly been made a party to claim - Failure to put forward reasons for denial of one aspect of claimant's claims - Effect of such failure.
Summary Judgment Applications – General principles to be applied by Court in respect of Summary Judgment Applications - Adverse possession – What constitutes adverse possession - Trespass to property – Common mistake of parties as to title to property – Both parties holding title – Adverse possession and lawful title – Acquiescence – Relationship between acquiescence and knowledge – Affidavit evidence – Need to state source of information and belief – Opinion evidence deposed to in Affidavit.
Trespass to goods – Detinue – Measure of Damages for trespass to goods – Power of Search and seizure – Absence of reasonable or probable cause – Need to particularize Malice
Unless Order – Breach of Unless Order – Whether Court has discretion to extend time for compliance of Unless Order – Civil Procedure Rules 6.6, 6.6(1), 26.2(1), 26.1(2) (c) and 26.9. – Application dismissed – Cost to Claimant.
Contract for sale of property – Whether there was breach of contract by claimants or defendant – Failure by claimants to comply with terms of contract for sale of property – Termination of contract for sale of property – Effect of termination of contract for sale of property.
