2022

Assessment of Damages – Defamation – Malice - Aggravated damages – Exemplary
damages.

Application for separate trial of preliminary issue – Court’s Case Management Power – Power of Court to dispose of other applications at first hearing –
Distinction between summary judgment and trial of preliminary issue – Factors to be considered upon application for separate trial of preliminary issues – Can
application be determined without consideration of evidence.

Misrepresentation -Whether there were false assertions by the receiver and/or the
mortgagee appointing him that, inter alia, the duplicate certificates of titles for lots
were lost or misplaced
Agency - Whether the receiver is the agent of mortgagee

Contract for services - Whether once signed a party is bound by its terms - Whether termination clause inserted after it was signed - Whether Non est factum applies-Whether contract lawfully terminated – Practice – Whether bundle of documents “not agreed” should be filed.

Insolvency - Proposal made to secured creditors only – Whether meeting of creditors to consider proposal properly constituted – Whether unsecured creditors have a right to vote –Insolvency Act – Sections 5, 7,15,18,19,22 and 38-Observations on role of the Supervisor of Insolvency - Preliminary point- Whether party who files written submission out of time, and in breach of an order of the court, ought to be permitted to make submissions.