Master Heather Carnegie (Ag.)

Civil Procedure – Notice of Application for Court Orders to Strike Out Claim – Abuse of Process – Summary Judgment – Contra Proferentem Rule – Constructive Trust – Ambiguity – Limitation of Actions Act, s. 34 and 46 – Civil Procedure Rules, 1.1, 3.12, 15. 5(2), 15.5(5) and 26.3. 

Civil Procedure – Specific disclosure – Requirements for specific disclosure – Time for ordering Specific Disclosure - Whether the documents to be disclosed are directly relevant – Whether Specific Disclosure is necessary to dispose fairly of the claim or to save costs – Civil Procedure Rules 2002 (as amended) – CPR 1.1, 28, 34.1, 64.6 and 65.8 (3) – Defamation Act section 20(3) – General Consumption Tax Act sections 26 and 28

Civil Procedure – Application to set aside Default Judgment – Whether the requirements for entering a Default Judgment for failure to file Acknowledgment of Service or Defence have been met – Whether Default Judgment should be set aside – Prejudice – Overriding Objective – Civil Procedure Rules 2002 (as amended) 1.1.12.4,12.5,13.3 (1) and (2).

Civil Procedure – Application for relief from sanctions – Whether there was good explanation - Whether there was general compliance with Court Orders – Civil Procedure Rules 2002, R. 1.1, 1.2, 1.3, 26.8 (1) AND (2).

Civil Procedure –– Whether time has expired for making application to challenge the jurisdiction of the court - Whether the defendant has waived the right to challenge the jurisdiction of the Court - Service of a claim form after the period of validity – Civil Procedure Rules 8.14, 9, 10 and 26.9.

Civil Procedure – Whether to set aside Default Judgment – Whether realistic prospect to successfully defending the Claim - Delay – Overriding Objective - Application of Civil Procedure Rules (CPR) 2002 (as amended): CPR 1.1, 10.9, 13.3 and 13.4.

Civil Procedure Rule. – Whether amendments in respect of claim for remedies and constitutional relief amounts to new causes of action – Whether to amend the Claim Form and Particulars of Claim after the Limitation Period to include Remedies - Application of Civil Procedure Rules (CPR) 2002: Rules 8.7, 20.1, 20.4, 20.6, 64.2 and 64.3

Civil Procedure – Whether failure to participate in future mediation within timelines
constitutes failure to comply with unless orders – Whether there was failure to
comply with the unless orders – Whether relief from sanctions should be granted
– Alternatives to striking out – Whether costs should be awarded against the

Claimant for opposing application for relief from sanctions – Application of Civil Procedure Rules 2002: 1.1, 26.5, 26.8, 42.8, 42.9 and 64.6

Civil Procedure – Application to appoint personal representative –– Whether application to appoint personal representative is properly before the Court –

Criteria for appointing personal representatives – When can the court exercise its power to appoint a personal representative - Application of Civil Procedure Rules 2002: 21.1, 21.2, 21.3, 21.4, 21.7 and 30.3

Civil – Leave to intervene to set aside default costs certificate – Civil Procedure
Rules 1, 64 and 65 – Whether insurer can intervene to set aside a default costs
certificate – Whether default judgment constitutes proceedings that would
properly allow for the insurance company to intervene.