Results.
10 judgments found.
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| May 2023 |
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Claimant proved contractor’s negligence for failing to erect roadwork warning signs, causing her husband’s fatal accident.
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Negligence — duty of care of road contractor — failure to erect warning signs at roadworks — causation of fatal accident — burden and standard of proof — failure to call material witnesses — costs awarded to successful claimant.
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29 May 2023 |
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Applications for stay and enlargement of time dismissed as premature and incompetent for lack of jurisdiction; costs awarded to respondent.
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Civil procedure — stay of execution — Applicant must first apply to court below (Order I r.18); stay exceptional and discretionary; Enlargement of time — where order made in chambers leave to appeal required (s.21 SCA Act); Appeals premature before assessment of damages — inchoate judgment; Wrong procedural provision renders application incompetent.
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19 May 2023 |
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Claimant failed to show abuse of prosecutorial discretion; permission for judicial review and stay denied.
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Judicial review — prosecutorial discretion — rare and extreme circumstances required to intervene — abuse of process and mala fides — threshold for permission to apply for review.
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19 May 2023 |
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16 May 2023 |
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12 May 2023 |
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Absence from mediation requires sworn proof of good cause; court adjourned proceeding but ordered defendants to pay attendance costs.
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Civil procedure — mediation — defendant's failure to attend — need for sworn evidence to establish good cause — adjournment versus striking out — costs for claimant's attendance.
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5 May 2023 |
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Default-judgment application dismissed where land dispute raised deceased-estate issues and procedural proof and identity requirements were unmet.
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Default judgment; Order 12 (2017 Rules) — requirements for applications for recovery/possession of customary land; jurisdictional limits where deceased estate/inheritance issues arise; proof of service and identity; requirement to serve personal representative; role of Customary Land Act dispute mechanisms.
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4 May 2023 |
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Whether an insurer is liable where the policyholder sold the insured vehicle to the tortfeasor before the accident.
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Motor vehicle accident — Admission of liability by tortfeasor — Insurer liability — Effect of insured’s sale of vehicle on policy coverage — Issue referred for trial.
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2 May 2023 |
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Relying on errors in the cause list does not justify failing to attend a court-ordered mediation without a reasonable explanation.
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Civil procedure — Mediation — Formal notice (Form 14) versus cause list — Failure to attend mediation — Restoration of dismissed action — Requirement of reasonable explanation.
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2 May 2023 |
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2 May 2023 |