2016

Negligence - Collision involving motor car and motor cycle - Question of Liability
 

Civil Procedure - Application to strike out claim - Principles to be applied - Whether there is a reasonable ground for seeking a declaration that Mortgagee was negligent.

Injunction - Principles to be applied - balance of convenience - Applicant registered legal owner - person against whom injunction is sought is a second mortgagee with no current right to possession or occupation

Interlocutory Application - Breach of confidence – Right to protection of privacy of communication - Quia timet injunction to restrain disclosure of identity

Maintenance - Matrimonial Causes Act  Maintenance Act - Whether the Applicant can practicably meet the whole/part of her reasonable needs.

Application for mandatory injunction - Interests of justice - Whether damages an adequate remedy - Failure to give undertaking and failure to give cross - Undertaking

Insurance Law – Whether failure to disclose previous accident amounts to misrepresentation and/or non-disclosure of material facts – Breach of warranty of contract – Avoidance of policy by Insurer – Whether insurance broker is the agent of the insurance company

Application for extension of time and Relief from sanction - Failure to comply with Case Management Conference Order to file and exchange witness statements - Judicial Notice considered

Claim for declaration of title based on adverse possession – Ancillary claim filed by defendants against claimant and seeking recovery of possession of property and damages for trespass – Application for entry of summary judgment and for recovery of possession – Claimant in actual occupation of property – Defendants are registered title holders of said property – Defendants purchased said property without actual notice of claimant then having been in actual occupation of said property – Constructive notice of claimant’s occupation of said property – Whether defendants obtained registered ti

Recovery of possession - Sections 68, 70 ,71 Registration of Titles Act - Fraud - Purchaser for Value Without Notice - Beneficiaries Under Will - Letters of Administration - Legal and Equitable Interest.