The Hon. Mr. Justice David Batts

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.

Negligence- Motor Vehicle Accident – U-Turn on major thoroughfare – Whether Passing Vehicle at Fault – Damages – Muscular ligament – Splinters in Eyes – abdominal pain.

Matrimonial Property – Relationship commenced when parties were 16 and 18
years old respectively - Both participated In development of a pharmaceutical
business – Company – Unequal number of shares - Property purchased In
Husband’s sole name- Funds from company used to purchase property -
Common intention - Whether property beneficially owned jointly in equal shares.

Negligence – Motor vehicle colliding with pedal cyclist -  Issues of Fact – Whether Condition of road caused accident - Whether Defendant breached duty of care to Claimant.

Contract - Services rendered - Oral agreement – Consideration not specified - Part performance - Whether damages should be awarded to the Defendant on a quantum meruit basis.

Mortgage – Exercise of Power of Sale – Duty of mortgagee – Sale on Open Market – Valuation –Whether valuation current - Description of property –Whether error material – Whether fact that mortgagor prevented inspection material – Negligence – Whether claim to be struck out – No subdivision or building approval – Whether mortgagee to await grant.

Interim Payment – Claim based on estoppel – Defendant expressed preparedness to pay part of claim – Defendant has counterclaim exceeding that amount – No Defence to counterclaim filed – Whether interim payment to be ordered.

Land - Registration of Titles Act – Limitation of Actions Act – Whether first registration defeats a possessory title – Whether a subsequent transfer also defeats possessory title.