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.
Application for contempt for breach of a Court Order – What must be proven – Burden of proof – Standard of proof – Procedural requirements to be met – Part 53 of Civil Procedure Rules – Actus Reus and Mens Rea of civil contempt – Section 21(1) of Maintenance Act.
Application for interim injunction – Presumption of advancement – Whether presumption rebutted – Lack of bona fides of party seeking to have presumption rebutted – Exercise of discretion – Failure to fully disclose pertinent information.
Unfair Dismissal – Wrongful Dismissal – Payment of notice pay in liew of notice – Failure to afford a fair hearing – Dismissal from employment for alleged sufficient cause.
Judicial Review – Error of law – Whether error of law need be ‘on face of record’ – Inferior tribunal and presumption of regularity – Failure of majority members of inferior tribunal to provide fulsome reasons for award made – Interpretation of contractual agreement – Parties’ discussions during contractual negotiations – Parties’ expressions of understanding of draft agreement as expressed during contractual negotiations – Parties’ expressions of respective interpretations of contractual agreement after agreement reached – Implied terms – Reference to custom and practice in interpretation