Constitutional Relief- Heads of Agreement – Whether binding contract – Whether legitimate expectation – Whether jurisdiction to grant declaratory relief if claim not contested – Whether breach waived – Whether mandatory order possible – Whether award of damages appropriate- Observations on the nature of declaratory relief
Quantum of damages - Multiple fractures - scaring - 17% whole person impairment - Prolonged recovery - The subjective element in the assessment of damages.
Negligence – Contributory negligence – Pleadings – Whether contributory negligence properly pleaded – Whether Court can consider contributory negligence if not properly pleaded
Negligence – Employer’s liability – Duty to have and maintain a safe place of work - Whether or not employer breached duty to have and maintain a safe place of work – Was the floor of the defendant’s premises in an unsafe condition for workers?
Assessment of Damages – Degloving injury to left foot and fracture to left ankle – Do transportation costs have to be specifically proven? – Period over which interest is payable on damages.
Application to strike out statement of case – Application for summary judgment – Defamation – Whether the words and/or publication bears a defamatory meaning – Rule 69.4 of the Civil Procedure Rules – Absolute Privilege
Motor Vehicle accident – Negligence - Duty of motorist while turning from major
road to minor - Negligence - Duty of care – Overtaking along unbroken white lines.