The Honourable Miss Justice Althea Jarrett

Personal injury - Whether defendant liable in negligence – Reliability of medical evidence

Application to modify restrictive covenants under section 3(1) of the Restrictive Covenants (Discharge and Modification) Act – What is the neighbourhood – Whether the character of the neighbourhood has changed - whether restrictions are obsolete - Whether the reasonable user of land impeded – Whether the proposed modification will not injure the persons entitled to the benefit of the restrictions

Claimant filing suit in a representative capacity as executor of his mother’s estate - Death of the claimant prior to trial - Devolution of office of executor on death where there is a surviving co-executor - Inapplicability of the chain of representation - Suitability of applying for administrator ad litem by executor of deceased claimant -Applicability of CPR 19.3, 19.2(5) and 21.8

Adequacy of claimant’s pleadings – Application to amend statement of case – Defendant requesting that claimant’s statement of case be struck out - Registered mortgage and the effect of foreclosure on the equity of redemption - Sections 119 and 120 of the Registration of Titles Act

Setting aside order for alternative method of service of claim form and particulars of claim on insurer - Extending time to make the application - Whether the insurer’s efforts to contact its insured were reasonable. 

Whether there was service of a notice of application for court orders – The effect of filing an amended notice of application for court orders – Whether an amended notice of application for court orders supersede an earlier notice of application - Whether the earlier notice of application should be struck out for lack of compliance with a court order directing service by a specified date

Application to amend statement of case - CPR 19.4 - Adding a defendant after the limitation period - Whether case of misidentification or misnaming - CPR 20.4 – Application to strike out claimant’s statement of claim.

Assessment of damages – Multiple facial lacerations - Loss of sight in left eye, multiple facial scars, weakness of the buccal branch of the left VI cranial nerve - Skin graft to reduce the size of the scars – Future medical care - Whether evidence sufficient to make an award for handicap on the labour market

Interpartes hearing of interim injunction - Whether there is a serious issue to be tried - Whether damages would be an adequate remedy - Effect of material non-disclosure by the applicant.

Application under the Property (Rights of Spouses) Act (PROSA) - Whether property is the family home – Alternatively, whether property is property other than the family home – Whether claimant is entitled to 50% interest in property under section 14 (2) of PROSA – Whether the claimant is entitled to an interest in the property under a constructive trust if PROSA does not apply