The Hon. Mrs. Andrea Pettigrew-Collins

Higgins, Marlan (Executor of Estate of Egbert Higgins) v Christie, Sherman

Whether claimant authorized to initiate proceedings by himself. Whether Agreement for Sale between deceased and defendant remained a valid agreement. Whether counterclaim statute barred. Whether executor should be made to transfer property to defendant. Whether executor entitled to mesne profit. Whether executor estopped from seeking recovery of possession.
 

Simpson, Violet v Rochester, Winthrop

Whether the claimant is entitled to declarations sought - Whether claimant entitled to injunction - Whether claimant’s pleaded case and evidence support remedies sought

Francis, Carlton v Edwards, Beatrice; Edwards, Sylvanus et al

Whether property held on trust - Whether joint tenancy severed - Admissibility of statements contained in document purporting to be affidavit which was not properly executed - Whether claimant's interest in property extinguished by virtue of provisions of Limitation of Actions Act - Whether it was necessary to bring claim against Attorney-at-law in possession of duplicate certificate of title.

Green, Stephenson v Green, June

Whether defendant a licensee - Whether there is evidence capable of supporting finding that defendant is a licensee who has acquired a proprietary interest - Whether evidence to support finding that property is family home

Wint-Smith, Fay v Smith, Donald

Division of matrimonial property - The family home - Whether equal share rule to be varied - Whether limitation has run against husband’s interest in property - Whether property transferred by spouse prior to filing of claim can be the subject matter of claim - Whether 3rd party with interest in property should have been joined as party to claim or whether being called as witness is sufficient to allow court to make order adverse to third party’s interest.

Johnson, Allan Adolphus v Kelly-Johnson, Kathleen

Notice of Application for court orders filed pursuant to Rule 26.5 after striking out of defendant’s statement of case - Whether applicant permitted to claim in notice of application for items which were not claimed in the Fixed Date Claim Form - No supporting evidence in affidavit in support of Fixed Date Claim Form - Evidence contained in affidavit in support of Notice of Application

Myers, Phillip George v Myers-Palmer, Janet et al

Division of matrimonial property - The family home - Property other than the family home - Spouse’s interest in property inherited by other spouse - Inherited property not transferred to spouse - Property registered in name of one spouse and another person

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