2009

Whether pension scheme discontinued or wound-up - Whether pension benefits should have been transferred to another pension plan - Whether trustee of pension scheme was negligent or breached fiduciary duty - Whether alleged oral discussions can contradict the terms of the written contract.

Application for discharge of freezing order - Distinction between equitable and common law remedies - Whether court can decline to extend freezing order if threshold requirements exist.

Planning law - Town and Country Planning Act S. 23B - Injunctive relief - Building Act - Considerations for grant of relief under S. 23B - Whether alternative remedies under Act or any other act must be exhausted - Procedural law - Whether fixed date claim for inappropriate - Whether substantial dispute as to fact where appeal to minister proceeding with one planning decision - Whether court should proceed with merits of case filed prior to determination of appeal.

Admissability of paragraphs of a witness statement - Sections 31E and 31F of the Evidence Act - Rules 8.9(3), 8.11(3), 10.5(6), 29.1(a), 29.2, 29.5(1), (a), (c), 29.5(2).

Application to set aside judgment - Judgment set aside - Whether court on own motion can enter judgment.