2012

Company Law - Security for costs application under Section 388 Companies Act- What constitutes credible testimony of reason to believe company will be unable to pay costs - Sub-sections 221(a) and 221(c) Companies Act - Different requirements - When company deemed to be unable to pay debts - Inability/failure to pay debts more crucial test of insolvency than whether liabilites exceed assets

ADVERSE POSSESSION – TENANCY AT WILL – BARE LICENSEE – REVOCATION OF

LICENCE – BENEFICIARY GIVING PERMISSION TO OCCUPY LAND – ACCRUAL OF

RIGHT TO BRING ACTION FOR RECOVERY OF POSSESSION – FAILURE TO

DEMONSTRATE LIMITATION PERIOD – LIMITATION OF ACTIONS ACT SS. 3, 4, 9, 30

Insurance policy – Law of contract – What constitutes offer by insured and acceptance by insurer – Whether accord and satisfaction, release and discharge – Whether average clause applicable – Significance of term "SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY"

Injury on roadway- Non-feasance - Mis-feasance - Negligence

Doctor engages to do emergency special surgery – Fails to do so – Whether Negligent - Damages

Notice of Appeal out of time – Application for leave to Extend Time to file Notice of Appeal – Factors to consider - Whether Court has jurisdiction to grant application

Negligence – Motor Vehicle Collision – Inevitable Accident – No Need for Specific Pleading Definition – Apportionment of Liability

Contract – Agent – Goods credited by employee and used to refurbish employer’s premises – Vendor unpaid – Employer in liquidation – Whether employee contacted in her own name or in the capacity as agent – Whether employee personally liable or liquidator liable.

Property Right of Spouses Act S. 13 – Application for an Unequal Share of Family Home – Family Law Reform – Equal Share Rule – Whether Equal Share Unreason-able and Unjust – Relevance of Contributions – Statutory Entitlement S. 6