2020

Judge has jurisdiction to set aside a default cost certificate for good reason - Inherent jurisdiction of court to control its process not impacted by amendments to CPR – Interpretation of definition of “clear days” in rule 3.2(3) of the CPR – Event refers to something that is scheduled to occur on a specified day and on that day only – Where the end of the period stipulated is defined by reference to an event the final day is excluded – Calculation of time period allowed for filing of points of dispute pursuant to rule 65.20(3) of the CPR – Filing of points of dispute not an event hence fi

Appeal from the Revenue Appeals Division - General Consumption Tax Act - Income Tax Act - assessment raised by Commissioner General after tax payer filed returns - burden of proof.
Direct verification of Income and Output Tax - duty of taxpayer to keep and produce complete and accurate records - unreliability of sales invoices as the direct verification method of the taxpayer’s Income and Output Tax - unreliability of bank deposits alone as a method of verification of taxpayer’s Income and Output Tax.

Application for claims to be heard on same occasion or before same Judge – Civil Procedure Rules, 2002 (“CPR”) Rule 26.1 (h) – Whether claims could conveniently be tried together – Similar issues of fact and law between claims.

Civil procedure - Application for summary judgment – Civil Procedure Rules, 2002, rule 15.2
Civil procedure - Application to strike out claim – No reasonable ground for bringing the claim – Civil Procedure Rules, 2002, rule 26.3(1)
Air Law – Claimants removed from the aircraft - Whether the claim falls under the Montreal Convention – Montreal Convention, articles 1, 2,17 and 29

Constitutional law –– Freedom of expression – Freedom of religion – Equality
before the law – Right of every child to such measures of protection as are required
by virtue of the status of being a minor as part of the family – Right of a child to
publicly funded tuition in a public educational institution at the pre-primary and
primary levels – Equitable and humane treatment – Respect for and protection of
private and family life and privacy of the Home – Freedom from discrimination –

Negligence – Breach of statutory duty - Breach of contract – Employer liability –
Lending/borrowing an employee - Liability of independent contractor – Electrical
burns – Contributory negligence - Personal injury - Damages.

Civil procedure - Application to strike out claim - No reasonable ground for bringing the claim – Civil Procedure Rules, 2002, rule 26.3(1)
Civil procedure - Application for summary judgment - Civil Procedure Rules, 2002, rule 15.2

Civil Procedure - CPR 26.3 - Application to Strike out Fixed Date Claim Form - Whether there was failure to comply with a rule or practice direction - Whether current claim is a re-litigation of an earlier claim and therefore an abuse of court process - Whether the absence of facts in the earlier claim is likely to obstruct the just disposal of current proceedings - 
Whether judgment on earlier claim is declaratory or executory - Procedure for enforcing declaratory judgment - Whether limitation period at CPR 46.2(1)(a) is applicable.

Compulsory land acquisition – Compensation awards – Payment of assessors - Land valuation – Reference by the Commissioner of Lands – Land Acquisition Act

Judicial review – Constructive dismissal – Whether a constructive dismissal constitutes a termination of employment as contemplated by the Labour Relations and Industrial Disputes Act – Labour Relations and Industrial Disputes Act, sections 2 and 11
Costs – Whether a cost order should properly be made in the circumstances – Whether it is appropriate for a cost order to be made against an intervening party, 
Civil Procedure Rules, 2002, rules 56.15(4) and (5), 64.3, 64.6(1), 64.6(3), 64.6(4)(a),(b),(d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g)