May 28, June 4 and 12, 2015Civil Procedure • June 17th, 2015
[1] Mr George Nooks is a famous singer and entertainer in Jamaica. In November 2013 he deposited J$15m in to his account held at First Caribbean International Bank (Jamaica) Limited (‘the bank’). At some point he found out that money was he thought was invested in what he thought were investment denominated in United States of America dollar was now missing. He contacted the bank. The bank conducted enquiries and eventually it was discovered that an employee of the bank may be responsible for the loss. Mr Nooks has sued the bank. The bank has filed a defence. Mr Nooks does not want to go trial. He believes that the bank’s defence is anaemic. He has sought to have the defence struck out on any of three grounds. These are:
FIRST CARIBBEAN INTERNATIONAL BANK (BARBADOS) LIMITEDCivil Procedure • September 29th, 2015
Case management powers – striking out of defence and counter claim- authentic writings- improbation of authentic writing- parties to deed not made parties to the claim- article 1139 of civil code- article 150 of code of civil procedure-Rule 26.3 of the Civil Procedure Rules 2000 (CPR 2000)
Gomori v. Greenvilla Development Group Inc.Civil Procedure • December 9th, 2008
Motion by defendant, Greenvilla Development, to strike amended statement of claim -- Under statutory warranty process contained in Ontario New Home Warranties Plan Act, plaintiff made various complaints about defects to Tarion Warranty Corporation, which was responsible for establishing and maintaining a guarantee fund -- Warranty Assessment Report was issued, and Decision Letters were issued by Tarion -- Plaintiff appealed Decision Letters to Licence Appeal Tribunal, which released its decision on April 24, 2007 -- Act provided that every agreement between a vendor and prospective owner was deemed to contain written agreement to submit differences to arbitration -- Greenvilla argued that plaintiff could not pursue arbitration or a law suit because of issue estoppel -- HELD: Motion allowed and amended statement of claim was struck with leave to plaintiff to deliver fresh statement of claim particularizing issues he proposed to pursue -- Given terms of Act, plaintiff would have to proce
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORECivil Procedure • July 11th, 2017
COMMONWEALTH OF THE BAHAMAS IN THE SUPREME COURTCivil Procedure • March 6th, 2020
Appearances: Ms. Richette C. Percentie of Kingdom Law Advocates for the Plaintiff Mr. Geoffrey W. Farquharson for the Defendants
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA CIVIL DIVISIONCivil Procedure • August 20th, 2015
BETWEEN CONTINENTAL BAKING COMPANY LTD FIRST CLAIMANT AND RAINFOREST SEAFOODS LTD SECOND CLAIMANT AND COPPERWOOD LTD THIRD CLAIMANT
Canadian Triton International, Ltd. (Assignees of) v.Civil Procedure • May 17th, 2006
Motion by the defendant, National Iranian Oil, for leave to appeal an order dismissing its application to strike out an affidavit submitted by the plaintiff, Canadian Triton International. The affidavit was submitted by Canadian on a motion by National to stay the action on the grounds that Canada was not a convenient forum. The action arose out of contracts to drill for oil in Iran. National had moved on the grounds that the affidavit was inappropriate sur-reply which set out legal opinion already contained in a previous affidavit by Canadian; the motions judge found that rule did not apply to motions, but only to evidence at trial.
