2018

Negligence – Duty of care owed by statutory body -  Exception to whom duty of care is owed; Criminal activity vitiate duty of care - Variance between pleadings and evidence.

Insolvency - Companis Act section 93 - Commencement date of winding up - Mortgages - Failure to register charges with Registrar of Companies - Whether mortgagees are secured creditors - Whether winding up commences with ertificate of Assignment under Insolvency Act - Whetehr category 3 or 4 creditors.

Amendment sought by claimants after initial closing submissions – Facts on which amendment based already known – Defendant not caught by surprise – Principles that should guide court in determining application – Scope of powers in the Registration of Titles Act (ROTA) to correct “errors” – S.

Civil procedure - Substituted service - Application by insurance company to set aside order for substituted service - Tests to be applied.

Tort - Malicious prosecution -Whether claimant proved damage - Claimant identified while in holding area - Whether reasonable and probable cause to prosecute - False imprisonmnet - Whether initial arrest lawful - Claimant taken before court several days after being charged - Whether detention unduly long and unexplained - Assault - Claimant not cross-examined - Effect of failure to cross-examine.

Civil Practice and Procedure - Notice of Application for Permission to Intervene and to Set Aside Order - Whether Intervener/Interested Party directly affected by the proceedings - Rules 56.11 (1), 56.11 (4), 56.11 (7), 56.13 and 56.15 (1) and (2) of the Civil Procedure Rules - Permission to Appeal.

Judgment on admission - Assessment of damages - Personal injury - Gunshot wound - Loss of future earning capacity.

Contract - Agent's failure to pay sums due under contract - Evidence - Whether sufficient evidence of the itegrity of the system whcih is being relied upon to establish debt.

Negligence - Breach of duty of care - Breach of statutory duty - Res ipsa loquitur