2018

Civil procedure - Consent order - Application to enforce - Whether death of applicant seven months after order a supervening event which undermined or invalidated the basis on which the consent order was entered into Evidence - Determining the underlying assumption or basis on which a consent order was entered into - Whether conduct of respondent in devising property to children by will sufficient evidence to determine the underlying assumption or basis of consent order

Mortgage - Mortgagee exercising power of sale - Whether in breach of duty to mortgagor - What is nature and extent of duty owed by mortgagee to mortgage - Whether continuing with agreement already into can amount to breach of duty to mortgagor.

Application to strike out statement of case under Rule 26.3 (1) of the Civil Procedure Rules - Limitation of Actions Act - Whether claim is statute barred - Application under rule 20.6 of the Civil Procedure Rules.

Civil Procedure - Application for stay of proceedings - Principles to be applied Mortgage – Whether foreclosure proceedings can be reopened – Whether difference between value of foreclosed property and mortgage debt and/or special value of land to mortgagor sufficient factors.

Striking out application – Application for an administrative order – Application for constitutional redress – Application for constitutional redress joined with other claims in tort – Whether claim form is appropriate form for court proceedings upon this claim – Defence filed out of time – Application for an extension of time to file defence – Relevant factors to be considered by the court in respect of an application for an extension of time to file defence – Court’s general power to correct procedural errors – Over-riding objective.

Application for pecuniary penalty order – The Proceeds of Crime Act – Sections 5, 6, 7, 8 and 11.

Negligence - Motor vehicle accident - Personal injury – Assessment of damages.

Constitutional law – Allegations of violation of right to trial within a reasonable
time – Whether violation of reasonable time standard results in grant of stay
automatically – How analysis is to be done – Factors to be considered when
determining whether reasonable time standard violated – Consequences of
violation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) and 16
(1) – Canadian Charter of Rights and Freedoms, Section 11 (b)

Negligence - Motor vehicle collision – Personal injury – Credibility - Liability

Malicious prosecution - Operating a motor vehicle without a road licence - Whether reasonable and probable cause – Detinue - Motor vehicle impounded up to trial of claim - Vehicle ordered released by Resident Magistrate - Written demand for release of motor vehicle after dismissal of case.