2022

Civil Procedure – Application for determination of liability after defence struck out
and judgment entered – Effect of striking out – Procedure after defence struck out
and judgment entered - Relevant considerations

JUDICIAL REVIEW – Leave to apply for judicial Review, Claim Form filed after 14
days of receipt of order, computation of time from receipt of order, Renewal of
application for leave to apply for judicial review, Rule 56.2 (1) and (2), 56.4 (12), 56.5,
and 56.11 (1) discussed; Meaning of directly affected, Interested party.

Application for Leave to Appeal - Real Chance of success, overriding objectives,
Strict adherence to the Case Management time lines, best interest of the child,
welfare of the child

Injunction – Agreement to construct and operate nursery school - Termination of agreement - Whether compensation payable - Whether Defendant entitled to possession - Whether agreement provides for Arbitration - Whether real prospect of success in claim to have arbitrator appointed - Whether damages an adequate remedy - Balance of convenience

Personal injury - Motor vehicle accident - Negligence  - Duty of care owed by drivers
of emergency vehicles - duty of care on pedestrian at a crossing - contributory
negligence.

Insolvency - Receivership – Receiver appointed under Debenture- Application for injunction to prevent Receiver exercising power of sale - Whether serious issue to be tried- Adequacy of damages - Balance of convenience – Section 79 Insolvency Act and section 46(2) Security Interest in Personal Property Act - Whether Receiver acted in good faith - Whether best price reasonably obtainable - Whether court has jurisdiction to make supervisory order in relation to the power of sale.

ASSESSMENT OF DAMAGES – Claimant diagnosed as HIV Positive – Claimant rediagnosed
as HIV Negative – Medical negligence – Claimant suffering from Post-
Traumatic Stress Disorder – Major Depressive Disorder – Adjustment Disorder -
Expert Evidence – Relevant Guidelines – American Medical Association –
California Schedule - Damages

Insolvency – Notice of Intent to file Proposal – Whether automatic stay continues after death of proposer – Previous unfulfilled promises to pay – Whether court should lift automatic stay – Sections 4 (1) and 5 (1) Insolvency Act – Whether registration on title of forfeiture order is void because it occurred after filing and service of a Notice of Intent to file Proposal

Civil Practice & Procedure -  Breach of Contract – Fraud – Whether the purported agreement is fraudulent – Whether the purported agreement is therefore valid – Whether there exists sufficient acts of part performance in relation to the alleged oral agreement – Damages for breach of contract – Quantum Meruit basis

Setting aside Default Judgment under CPR 13.3 - Is there a defence with a real prospect of success - If there is a defence with a real prospect of success how should the considerations under CPR 13.3(2) be applied on the facts.