The Honourable Miss Justice Tara Carr (Ag.)

Application for Interim Injunction – Whether an ordinary claim is really a claim for judicial review – Is there a serious question to be tried.

Joint Tenants – Whether the Co-Owner was dispossessed – S. 3 and 30 of the Limitation of Actions Act – Claimant must show factual possession as well as the intention to possess – The Co-Owner is deceased.

Civil Procedure - Part 37 of the CPR – Setting aside a notice of discontinuance - Whether the filing of the notice of discontinuance amounts to an abuse of process.

The Notice of Application for an interim injunction was refused. Upon the delivery of an oral judgment counsel on behalf of the Applicant and the Respondent requested that the reasons be reduced to writing.

Property Rights of Spouses Act - Application to extend time to file a claim – Criteria by which the court is to exercise its discretion - Overarching principle is fairness