The Hon. Mr. Justice David Batts

CONTRACT – Lease – Representations- Whether oral collateral agreement that lease would be renewed – Whether oral collateral agreement that tenant would be compensated – Estoppel – Whether landlord estopped from exercising legal rights under terms of the Lease – Expert Evidence – Whether replacement cost at date of claim relevant.

Civil Procedure - Default Costs Certificate - Rule 65.22 of the Civil Procedure Rules-Application to set aside - Whether paying party entitled to set aside Default Costs Certificate - Both parties in technical breach of the rules - Good Reason - Points of Dispute.

COPYRIGHT – Cable Television – Whether Defendant infringed copyright by broadcasting Diamond League event - “overspill” - Whether Defendant liable – Statutory construction – Copyright Act sections 31(5), 31(1), 32(3).

Contract - Variations - Whether work done - Evidence by video link - Whether witness to affirm..

Application for Summary Judgment - Whether Defence has real prospect of success – Loan - Guarantee and Indemnity - Whether misrepresentation about time of disbursement – Application post dates misrepresentation - Whether guarantor‟s error exculpatory.

Application for payment of money held as security - Injunction discharged - Whether undertaking as to damages implied – Whether damage or loss is to be set off against money held as security – Foreclosure – Whether mortgagor entitled to refund of money held as security.

Application for Summary Judgment - No dispute of fact – Whether Guarantor who signed as director of principal borrower privy to change of contract agreement – Whether liable in his capacity as Guarantor – Whether Consumer Protection Act applicable.

Striking Out – Application by First Defendant – Further, Further Amended Particulars of Claim- No leave to file obtained - Whether new cause of action – Whether Limitation bar- CPR Rules 20.4; 26.3 and 26.9.

Probate  Executrix overseas-Locus standi to bring claim –Affidavit evidence- Whether hearsay and inadmissible- Whether equitable mortgage valid –Whether promissory note enforceable-Interpretation of promissory note-Whether “on or before” sufficiently certain- Whether promise made by testator prior to his death enforceable against estate – Whether debt discharged –Whether equitable mortgage enforceable against non-parties to the loan- Whether equitable mortgagors estopped- Undertaking-Whether attorney at law in breach.

Negligence – Motor vehicle collision –Whether claim to be dismissed because 3rd Defendant’s driver pled guilty in the traffic court- 1st Defendant turning –Duty of turning driver- Duty of overtaking driver- Damages – Fractures, whiplash ,3% PPD.