2012

Negligence – Foreseeability – Occupier’s Liability – Breach of statutory duty – Volenti non fit injuria – Distinction between visitor and trespasser.

Assessment of Damages – Whiplash Injury – Apportionment of damages between defendants in separate claims, second accident having occurred when injury from first accident still subsisting – Impact of third accident on assessment of damages involving only defendants in the first and second claims.

Application for interlocutory injunction – Whether contract for sale of property binding and enforceable – Effect of agreement held in escrow – Whether pre-emption right valid – Mortgagee’s rights-priority of equities – Whether feed mill and wharf are fixtures – Whether nominee bona fide is a true nominee.

Summary Judgment Applications – General principles to be applied by Court in respect of Summary Judgment Applications - Adverse possession – What constitutes adverse possession - Trespass to property – Common mistake of parties as to title to property – Both parties holding title – Adverse possession and lawful title – Acquiescence – Relationship between acquiescence and knowledge – Affidavit evidence – Need to state source of information and belief – Opinion evidence deposed to in Affidavit.

Judicial review - Public education institution - Board of management meeting - Applicant's waiver of opportunity to attend hearing - Ex parte application - Full and frank disclosure - Education Regulations 30.4 - Fair hearing requirements.

Whether section 51 of Securities Act creates a statutory tort – Whether commercial and civil court should exercise its discretion to make a declaration where the statutory provision creates a criminal offence

Practice and procedure - Application for Summary Judgment – Civil Procedure Rules, 2002 – Part 15.2 – Motor vehicle accident – Liability of owner – Inference from ownership

Trespass to goods – Detinue – Measure of Damages for trespass to goods – Power of Search and seizure – Absence of reasonable or probable cause – Need to particularize Malice

Discharge of ex parte provisional attachment order - Costs of an indemnity basis - Wasted costs.