2018

Applications for Summary Judgment – Injunction – Lease – Absence of building permit - Breach of restrictive covenant – Whether landlord entitled to demolish buildings the subject of the lease.

Contract - Mortgage - Loan – Money Lending Act – Section 8 Subsections (1) and (3) - whether mortgage illegal and unenforceable – Whether loan disbursed prior to execution of mortgage – Whether relief to be granted – Whether full loan disbursed

Application to set aside order - Section 206 of the Companies Act – Scheme of arrangement - Whether court has jurisdiction to permit meeting – Whether meeting with creditors a prerequisite to permission.

Libel – Justification – Whether statements made were true in fact and substance –
Qualified privilege – Fair comment – Defamation Act [2013] Whether applicable to
proceedings - Defamation Act [1963] Sections 4, 7 and 8 – Libel Act Section 15 –
Damages

Matrimonial Property - Claim for 50% interest in dwelling house - Parties separated - Claim brought more than twelve months after date of separation - Whether the Property Rights of Spouses Act applicable - Whether the Partition Act applicable - Whether the rules of common law and equity applies - House built by spouses on land not owned by either spouse.

Court order - Interpretation of court order – The principle applicable to interpretation of court order

Whether matrimonial home to be regarded as family home - Section 2 of The
Property (Rights of Spouses) Act – Can Section 14 of Act be used to confer share
of property to a spouse if property is not family home - Evidence

Application for order requiring 1st defendant to provide information previously requested – Whether such an order should be made – Whether such an order is necessary in order to dispose fairly of the claim or to save costs - Application for order requiring the claimant to give security for costs – Interests of justice – Other pertinent considerations – Averments as to claimant ordinarily residing out of this jurisdiction – Averments as to claimant not being known to the 1st defendant’s attorney as having assets within this jurisdiction – Weight of some of the averments made – Whether applic

Motor vehicle accident - Differing medical diagnoses by two experts – Criteria for accepting one report above the other – General damages to be assessed for pain and suffering – Significance of differing whole person percentage impairment by experts.