2013

Real property - Registered title - Joint tenancy - Divorced claimant (wife) left property and went abroad - Parties divorced - Whether claimant's interest extinguished or abandoned.

Assessment of Damages – Detinue – Valuation of Aircraft – Claim for Damages – Claim for Exemplary Damages – Discretion in the Award of Interest.

 Negligence – Admission of negligence – No admission as to damage or loss – No admission of causation – Whether court should enter judgment on admission – Whether court should enter summary judgment even though same was not applied for.

Custody - Mother's application for sole custody - Welfare of the child in the widest sense - Children physical well-being - Health issues - Father's impugned conduct - Maintenance - Ability to pay.

Assault – Battery – Shooting by police officer – Self defence – Burden of proof in respect of self defence in civil cases – Trespass to goods – Conversion – Detinue – negligence – Self defence – Assessment of damages.

Application for cross examination rule 26.1(2)(l) - Application to set aside default judgment - Application to file defense out of time – rule 13.3.

Defendants’ application for summary judgment – Whether claim has a real prospect of success – Claimant not joining issue with the defendant on an important issue of fact – Summary judgment applications not to be mini-trials.

Tort - Negligence - Assault and battery - Whether police acted mailiciously and/or without reasonable and probable cause when discharging firearms - Whether claimant was shot by the police.

 Easement - Right of way – Way - leave – Electric Lighting Act – Sections 36, 37 – Meaning of curtilage – trespass to land – Acquiescence – C ivil Practice and Procedure – Equitable damages ordered in lieu of permanent mandatory injunction – Date for assessment of value - Date of breach or loss or date of judgment – Civil practice and procedure – Damages – Aggravated damages

Judicial review – Court long vacation – Part 56 – Claim to be filed within fourteen days of grant of leave - Whether fourteen day rule applies during Court vacation