2022

Application to strike out claim - Building contract - Arbitration agreement -Neither party now seeks arbitration - Whether reference to arbitration time barred - Whether court has jurisdiction to try the issue – Earlier claim filed but not served and now expired - Whether an abuse of process to bring another action - Observations on attaching documents as a schedule to affidavits.

Constitutional Relief- Heads of Agreement – Whether binding contract – Whether legitimate expectation – Whether jurisdiction to grant declaratory relief if claim not contested – Whether breach waived – Whether mandatory order possible – Whether award of damages appropriate- Observations on the nature of declaratory relief

Application to set aside Court orders for substituted service - Extension of time to effect service

Assessment of damages – Pleading special damages – Proof of special damages.

Quantum of damages - Multiple fractures - scaring - 17% whole person impairment - Prolonged recovery - The subjective element in the assessment of damages.

Negligence – Contributory negligence – Pleadings – Whether contributory negligence properly pleaded – Whether Court can consider contributory negligence if not properly pleaded 
Negligence – Employer’s liability – Duty to have and maintain a safe place of work - Whether or not employer breached duty to have and maintain a safe place of work – Was the floor of the defendant’s premises in an unsafe condition for workers?

Assessment of Damages – Degloving injury to left foot and fracture to left ankle – Do transportation costs have to be specifically proven? – Period over which interest is payable on damages.

Summary judgement - Breach of contract - Professional negligence

Whether costs of application for leave to apply for judicial review should be awarded to applicant.

Application to strike out statement of case – Application for summary judgment – Defamation – Whether the words and/or publication bears a defamatory meaning – Rule 69.4 of the Civil Procedure Rules – Absolute Privilege