The Hon. Mr. Justice Kirk Anderson

Judicial review - Substantial change of circumstances case after leave to apply granted - Whether new application for leave to apply needs to be filed - Whether claimant's statement of case can be amended with the leave of the court, specifying new grounds for judicial review - Application for specific disclosure - Variation of earlier court order made by a judge of concurrent jurisdiction - Extension of time to apply for leave - Judicial review procedure.

Assessment of damages - The role of expert witnesses - The explanation of terms in expert reports.

Application for ex parte injunctive relief - Whether hearing held ex parte or inter partes – Property dispute – Registered title – Circumstances in which injunctive relief granted on inter partes hearing may be discharged – Effect of sections 68, 70, 71 and 162 of Registration of Titles Act – Indefeasibility of Title.

Application for order requiring 1st defendant to provide information previously requested – Whether such an order should be made – Whether such an order is necessary in order to dispose fairly of the claim or to save costs - Application for order requiring the claimant to give security for costs – Interests of justice – Other pertinent considerations – Averments as to claimant ordinarily residing out of this jurisdiction – Averments as to claimant not being known to the 1st defendant’s attorney as having assets within this jurisdiction – Weight of some of the averments made – Whether applic

Claim for marital property – Adverse possession – Owners of property own same as tenants-in-common – Whether claimant had possessed property in circumstances excluding the defendant from possession – Presumption of possession in favour of both title holders – Application for an extension of time under Property (Rights of Spouses) Act – Factors to be considered by court upon application for an extension of time to apply to court for division of property.

Judicial review – Reviewing the hearing process of an inferior tribunal – Duty to act fairly – What is fairness – Nature of duty to particularize grounds of claim – Certiorari – Legitimate expectation – Natural justice.

Judgment entered in default of acknowledgement of service – Application to set aside default judgment – Whether application to set aside default judgment was filed as soon as was reasonably practicable – Failure of defendant to challenge ex parte order for service out of the jurisdiction – Mere exhibiting of draft defence and reference to the contents thereof by an attorney, is inadequate – Disputed facts.

Application for summary judgment – Applicable legal principles – Burden of proof – Mortgagor and mortgagee – Privity of contract – Negligence – Breach of fiduciary duty – Unjust enrichment

Unless order - Striking out of defendant's statement of case - Whether defendants whose case has been struck out can participate in assessment of damages hearing - To whom extent can the defendants whose case has been struck out participate in an assessment of damages hearing - Fundamental rights of defendant - Proportionality of restriction on defendant's rights to objective of striking out the defendant's statement of case.

Application to set aside default judgment - Whether or not default judgment was regularly obtained - Whether applicant can plead inconsistent alternative grounds in support of application - Whether to serve accompanying documents along with the claim form and particulars of claim renders the claims a nullity - How to properly dispute the Court's jurisdiction to try the claim.