2022

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.

Disclosure - Application to strike out statement of case - Whether breach of order for specific disclosure – Whether legal professional privilege or relevance reasons to withhold

Building Contract - Whether time for completion breached - Whether building
constructed in accordance with agreed plans - Whether agreed price for
construction paid - Whether contract varied to increase price and extend time.

Constitutional relief – Costs – Whether there should be an Order for costs in
Claimant’s favour- Whether no costs should be ordered due to the exceptional
public interest and import of the claim – Whether costs should be on a full
indemnity basis – Whether certificate for four counsel to be granted.

Injunction – Threshold test – Whether serious issue to be tried – Whether the balance of convenience lies in favour of the grant of injunctive relief – Whether damages are an adequate remedy
Restrictive covenant – Breach of restrictive covenant – Whether the restrictive covenant creates an inviolable right – Whether the restrictive covenant creates an absolute right for all time – Defence – Whether delay or acquiescence

Application for Leave to Appeal- Real Chance of success, accord and satisfaction,
unavoidable accident