NOTICE

Please note that as of September 16, 2021, applications for restrictive covenants will be heard on Tuesdays only.

 



2018

Johnson, Curline v Johnson, Errol

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.

Cameron, Karen v Thomas, Andrew Ray

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

Williams, Nadine v Francis, Rachel; Waysome, Leemon et al

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

Davis-Reid, Kimani v Nolan, Eugene

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.

Cobourne, Glen v Coubourne, Marlene

Claim for marital property – Adverse possession – Owners of property own same as tenants-in-common – Whether claimant had possessed property in circumstances excluding the defendant from possession – Presumption of possession in favour of both title holders – Application for an extension of time under Property (Rights of Spouses) Act – Factors to be considered by court upon application for an extension of time to apply to court for division of property.

Alliance Finance Limited v Capital Solutions Limited and Anderson Jones, Mark

Civil practice and procedure – Application for summary judgment – Debt owed by one party to another – Attempt by debtor to assign debt – Assignment ineffective – Declaration of trust - Trustee refusing to bring claim against his debtors – Beneficiary of the trust bringing claim against third party debtor – Whether there exist any basis for summary judgment – Civil Procedure Rules 2002, part 15, rule 15.2.

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