The Hon. Mr. Justice Kirk Anderson

APPLICATION FOR RELIEF FROM SANCTIONS – RULE 26.8 OF THE CIVIL PROCEDURE RULES (CPR) – MATRIMONIAL PROPERTY DISPUTE

Striking out application – Application for an administrative order – Application for constitutional redress – Application for constitutional redress joined with other claims in tort – Whether claim form is appropriate form for court proceedings upon this claim – Defence filed out of time – Application for an extension of time to file defence – Relevant factors to be considered by the court in respect of an application for an extension of time to file defence – Court’s general power to correct procedural errors – Over-riding objective.

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)

Fraud – Definition of fraud – Burden and standard of proof – Registered title – Effect of ss.70 and 161 of the Registration of Titles Act – Effect of ss. 164-168 of the Registration of Titles Act – Whether 2nd defendant is exempted from liability by virtue of s.160 of the Registration of Titles Act – Need to prove fraud on the part of the present registered proprietor if claim is to be proven

Commitment letters setting out terms of loan agreements between the claimant and the 1st defendant – 3rd defendant’s guarantee agreement with the claimant – Whether summary judgment should be awarded to the claimant – Whether the 3rd defendant’s defence is one which has a realistic prospect of success – Variation of initial loan agreement – Circumstances in which guarantor will be discharged from guarantee agreement – Whether guarantee agreement was a continuing security – Whether guarantee agreement is applicable as between the claimant and the 3rd defendant

The Property (Rights of Spouses)  Act – W hat constitutes the family home -Interest in the family home - Third party’s interest - Fixtures and chattels - Land acquired before the parties were spouses - Entitlement to property – F inancial and non-financial contribution - Party’s share in property no longer in the possession of spouse - Adverse possession

Application to set aside ex parte order - Rules 11.16, 11.17 and 11.18 of the Civil Procedures Rules (CPR) - Confiscatin of assets order - Contrast between confiscation of assets order obtained under part 53 and writ of execution issued under part 46 of the CPR - Effect of order of court which has unlimited jurisdiction.

Application for judicial review - Refusal of application for re-enlistment - Whether mandamus can properly be granted - Whether the claimant was denied natural justice - Autrefois acquit - Claim for damages.

FRAUD – DEFINITION OF FRAUD – BURDEN AND STANDARD OF PROOF – REGISTERED TITLE – EFFECT OF SS.70 AND 161 OF THE REGISTRATION OF TITLES ACT – EFFECT OF SS. 164-168 OF THE REGISTRATION OF TITLES ACT – WHETHER 2ND DEFENDANT IS EXEMPTED FROM LIABILITY BY VIRTUE OF S.160 OF THE REGISTRATION OF TITLES ACT – NEED TO PROVE FRAUD ON THE PART OF THE PRESENT REGISTERED PROPRIETOR IF CLAIM IS TO BE PROVEN

FIXED DATE CLAIM FORM PROCEEDINGS – UNDEFENDED CLAIM – JUDGMENT ENTERED IN FAVOUR OF CLAIMANT – APPLICATION FOR STAY OR EXECUTION OF JUDGMENT – RISK OF INJUSTICE – WHETHER DEFENDANT’S APPEAL HAS ANY PROSPECT OF SUCCESS – WHETHER DECLARATORY ORDERS CAN BE STAYED – WHETHER PERMISSIVE JUDGMENT ORDERS CAN PROPERLY BE SUBJECT TO A STAY OF EXECUTION ORDER – WHETHER JUDGMENT ORDER REQUIRING ACT TO BE DONE BY AN UNSPECIFIED DATE CAN BE MADE SUBJECT TO A STAY OF EXECUTION ORDER – NEED TO COMPLY WITH CASE MANAGEMENT TIMELINES SET BY COURT – NEED TO FILE DEFENCE AND PROPERLY BE DEFENDING CLAIM IN ORDE