2024

Failure to serve witness statement within the relevant time - Rule 29.11 of the Civil Procedure Rules (CPR) - Application for relief from sanction under Rule 26.8 of the CPR - Application made after trial had begun - Legal effect of irregular order granting extension of time - Whether the relevant witness statement was served within time as prescribed and whether any sanction applies, particularly if the relevant witness statement was filed within time - Whether a sanction applies and, if so, what is that sanction?

Oral application for interim protection order

Breach of Rules 9.3(1) and 10.3(1) of the Civil Procedure Rules (CPR) - Whether a default judgment has been entered against the defendant, and if so, whether the court should set it aside and/or stay its execution - Application for extension of time to file defence - Whether the length of the defendant’s delay is inordinate - Whether the defendant had a good reason for not filing and serving its defence and acknowledgment of service within the time prescribed - Whether the pre-litigation communication dated May 12, 2021 from the defendant to the claimant was ‘without prej

Application for Leave for Judicial Review - Whether there is a discretionary bar of delay - Whether the fact that the Applicant was in communication with the decision maker, seeking clarification, suspends the running of time. Whether the court can grant an extension of time in the absence of an application from the Applicant for an extension of time- Whether there is an arguable ground with a realistic prospect of success. (Rule 56).

Motor vehicle Accident - Negligence - Breach of duty of care.

Mortgage – Power of sale exercised – Whether breach of duty by mortgagee – Subdivision approval obtained – Physical evidence of subdivision – Restrictive covenant not modified or removed - Splinter titles not issued -- Whether property appropriately advertised – Whether reasonable steps taken to obtain true market price at the time – Whether valuer in breach of duty.

Application to set aside default judgment - Service of documents - Non-service of Form 6 - Rule 8.16 (1) of the Civil Procedure Rules 2002

Civil Procedure Rules - Rule 15.2 - Application for summary judgment - Whether the defendant has real prospect of defending the claim - Real property – Defences of frustration, surrender of lease, set off, misrepresentation - Whether there is a good prospect of succeeding in these defences.

Family Law – Maintenance – Application to vary Maintenance Order – Children
(Guardianship & Custody) Act s. 7(5) – Whether or not the Court can vary a
Consent Maintenance Order – Whether or not the court should vary a consent
Maintenance Order to remove a reference to updating existing sum for
maintenance by utilizing the consumer price index without the need for a hearing
for a variation of maintenance order.

Constitutional Law - Constitutional Amendment to increase retirement age of the Director of Public Prosecutions – Whether the impugned Act is inconsistent with the supremacy clause and void – Whether the impugned Act amended the Constitution – Whether section 2 of the impugned Act may be struck down on the grounds of improper purpose as unconstitutional– Whether the impugned Act may be struck down for contravening the principle of separation of powers – Whether section 2 of the impugned Act has the effect of circumventing the constitutionally mandated process for the extension of the term i