2022

Civil Procedure - Application for Relief from Sanctions - Promptitude in making application

Civil Procedure – Rule 15.2 of Civil Procedure Rules - Summary judgment - Whether the defendant has real prospect of success - Rule 26.3(1) of the Civil Procedure Rules - Whether the defendant’s case should be struck out.

Negligence – Duty of Care of Prison Authorities Towards Prisoners - Failure to Care for Prisoners in Custody – Whether Prison Authorities Failed to Ensure that the Claimant Received Proper Medical Attention Within a Reasonable Time When
Notified of Injury – Whether Failure of Authorities Caused the Injury to the Claimant.

What is the effect of a mediation agreement; can a mediation agreement be
enforced by way of notice of application; imposition of court sanction for failure to
perform mediation settlement agreement – application to set aside mediation
agreement

Application for leave to challenge environmental, planning and building permits granted by Kingston and St. Andrew Municipal Corporation - Multi-family development - Grounds for application - Bias – Irrationality - Illegality - Natural Resources Conservation Authority Act - Building Act

SUMMARY JUDGMENT - Canon V (p) of The Legal Profession (Cannons of
Professional Ethics) Rules - Whether an Attorney can rely on his own affidavit - The defendant’s duty to comply with CPR 10.5 - Whether the provisions are mandatory - CPR 26.2 and the requirement to be heard

Civil Procedure - Rule 26.8 of the Civil Procedure Rules - Application for relief from sanctions - Whether the defendant’s application for relief from sanctions ought to be granted - Whether the application was made promptly

Civil Procedure - Rule 11.16 of the Civil Procedure Rules - Application by insurance company to set aside service pursuant to order made under rule 5.14 of the Civil Procedure Rules - Whether service on an insurer would allow the defendant to ascertain the contents of the documents - Whether the insurer took reasonable steps to locate and effect service on the defendant.

Civil Procedure - Application to amend statement of case to add new causes of action, defendants and reliefs - Whether limitation period has expired -  Whether new allegations amount to new causes of action - Whether defendants should be added after expiry of limitation period. Civil Procedure - Application for summary judgement - Whether the claimants have a real prospect of succeeding in the claim.

Civil Practice and Procedure -  Preliminary Point – Doctrine of Res Judicata – Striking Out Statement of Case – Abuse of Process – Civil Procedure Rule 26.3 (b)