THE EVIDENCE. 8. During the trial for the matter, the Court heard evidence from the Claimant and Xx Xxxxx Xxxxxxxx.
THE EVIDENCE. 21. To restate the obvious; the burden lies with the Claimant on a balance of probabilities in Civil matters. The Claimant in its written submissions to this court sets out what it perceives as the evidence upon which this case turns in favour of the Claimant.
THE EVIDENCE. 27. At the trial the Court heard evidence from Xx Xxxxxx Xxxxxxxx (Claimant), Xx Xxxxx Xxxxxxxx, Xx Xxxxx Xxxxxxxxx, Xx Xxxxxxx Xxxxxx (the Second Defendant) and Xx Xxxxxx Xxxxxxxxx (the Fourth Defendant).
THE EVIDENCE. 10. The defendant called four witnesses including himself – Xxxxxx Xxxxxxxxx, Xxx Xxxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx and Andomida Massiah Boochoon. Their witness statements were tendered as evidence in chief and they were cross examined. The Third party called Xxxxxxx Xxxxx. His witness statement filed on September 23, 2011 was put into evidence. He was not cross examined.
THE EVIDENCE. 2. The claimant gave evidence by filing a witness statement, and issued witness summonses to two other witnesses to give evidence on his behalf: (i) Xx Xxxxx Xxxxxxx, past President of the Mayaro/Sangre Grande Taxi Association and (ii) Xx Xxxxxx Xxxxxxxx, Acting Deputy Trade Officer. The claimant averred that at the time of entering the agreement in November 2015, he had notified the defendant, orally, that the Voxy was for commercial purposes and, specifically, would be used as a taxi along the Mayaro/Sangre Grande route. Subsequently, on 8 January 2016, he secured his taxi badge, which was valid for three years. The claimant attested that based on the terms of the written agreement, he ought to have received the Voxy on 19 January 2016. The Voxy actually arrived into the country on 19 February 2016, approximately one month after the contractually agreed time, and was licensed as HDM 791. Further, its release was delayed owing to a change in government policy1 on importation of vehicles, sometime in January 2016, among other factors. These changes included a reduction in the age limit of vehicles that could be imported from six years to four years. Given the importation date, it meant that the defendant had to secure an import licence for the Voxy. He affirmed that he was aware that the defendant had applied for an import licence for the Voxy and obtained approval on 10 March 2016. Sometime in May 2016, the claimant was informed that the registered Voxy was ready to be delivered to him and that his outstanding balance was $63,667.00.
THE EVIDENCE. 7. The Claimant relied on the evidence of Xx. Xxxxxxx Xxxxxx and Xx. Xxxxxxx Xxxxxxx. The Defendant relied on the evidence of Xx. Xxxxx Xxxxxx and Xx. Xxxxxxx Xxxxxx.
THE EVIDENCE. 7. As to general damages, the court accepted the evidence set out in the medical reports as fully defining the parameters of the claimant’s injuries and resulting disabilities. These were not major, life threatening or severe bone injuries but they significantly affected her life. The claimant gave evidence of unceasing pain in the sacral region from the waist down to her toes; pain in her head; severe neck spasms and shooting pains from the right buttocks down to her heel. Her evidence was accepted that she was in the throes of constant headaches and pains in her body. Evidence of the claimant’s pain and suffering also found expression, to some 2(1965) 7 WIR 491 xxxxxx, in the evidence of Xx Xxxxxxx who described observing her in the waiting room and during his examination of her.
THE EVIDENCE. 8. The evidence before this Court is contained in the following affidavits: a. The affidavits of Woman Estate Constable Xxx Xxxxx, the Claimant: a. Affidavit in support dated and filed on the 20th May 2019.
THE EVIDENCE. The Panel reviewed the following statements submitted by the parties: Applicants' Statement and Book of Documents; Statement of O.J. Pipelines Inc.; Statement of Respondents, Xxxxx Xxxxx and G & S Tractor Service Ltd.; Statement of Pepsi-Cola Canada Limited/Hostess Food Products Limited operating as The Hostess Frito-Lay Company; Statement of the Respondent, Progressive Insurance Company and Book of Authorities; Supplementary Statement of the Respondents, Xxxxx Xxxxx and G & S Tractor Services Ltd. The Panel also received a copy of the October 20, 1992, correspondence from X. Xxxxxx to the parties, with attachments. We also reviewed the following correspondence: June 8, 1992, letter from X. Xxxxxxxx to the Workers' Compensation Appeals Tribunal; July 17, 1992, letter from X. Xxxxxx to the Workers' Compensation Board; July 17, 1992, letter from X. Xxxxxx to the parties; August 17, 1992, letter from the WCB to X. Xxxxxx; September 17, 1992, letter from X. Xxxxxxxx to the Appeals Tribunal; September 28, 1992, letter from X. Xxxxxx to the parties. At the hearing, the following documents were received as exhibits: Exhibit #1: operating agreement between Hostess Frito-Lay and G & S Tractor Service Ltd. for the period January 1, 1992, to June 30, 1993; Exhibit #2: application for employment completed by Xxxxx Xxxxx dated June 25, 1990; Exhibit #3: Operating Engineers Mainline Pipeline Agreement for Canada, May 1, 1989; Exhibit #4: summary of hours worked by Xxxxxxx Xxxxxxxxx, January 1, 1985, to December 31, 1990; Exhibit #5: registration for employment, International Union of Operating Engineers, Local 793, submitted by Xxxxxxx Xxxxxxxxx on December 5, 1990. At the hearing, Xx. Xxxxxx also submitted the unsworn affidavit of Xxxxx Xxxxxxx, signed October 26, 1992. The Panel heard testimony under oath from Xxxxxx Xxxxxx, president of G & S Tractor, Xxxxx Xxxxxxxxxx, director of safety and environment, O.J. Pipelines, and from Xxxxxxx Xxxxxxx, president, Local 793, International Union of Operating Engineers. Submissions were made by Xx. Xxxxx, Xx. Xxxx, Xx. Xxxxxx and Xx. Xxxxxxx.
THE EVIDENCE. 22. The Claimant called one witness, Xx. Xxxx Xxxxxxx whose witness statement was filed on the 8th July 2011. Both Defendants relied on one witness, the Second Defendant, Xxx. Xxxxxxx Xxxxxxxxxxx. Her evidence in chief was contained in her witness statement which was filed on the 8th July 2011.
