Master Miss Sephany C. Orr

Amendments to a Fixed Date Claim close to the trial date -  CPR 20.4 and the exercise of the court’s discretion, the considerations to be made when granting an amendment - The scope of declaratory relief - Whether declaratory relief is executory.

Application to extend the time to file defence, claim for adverse possession, failure
to file defence due to inadvertence, real prospect of success, explanation for the
delay, application of the overriding objective; parties’ duty to further the overriding
objective.

Claim to recover damages for breach of copyright – Allegation of defamation - Application for summary judgment/striking out

Application to extend time to file defence - Application filed without a draft defence
- Application heard five years after application filed - Draft defence filed five years
after application filed - Affidavit of merit deposed by Defendant’s attorney-at-law.