The main aim of a statement of claim is to convey the claim concisely to the defendant so that he can file a defence. It is…

Section 16 of the Court of Appeal Act gives the Court of Appeal amplitude of power to deal with any case before it on appeal, including…

Where evidence shows that a switch was left on while equipment was being serviced, and the motion gear was negligently positioned, the defence of inevitable accident…

The onus is on the party who raises the defence of inevitable accident to lead evidence to substantiate it.

There is no known means of medically assessing the intensity of pain a person is going through. Medical evidence can describe the nature of the injury…

The purpose of trials is to establish the justice of a case as soon as possible. Sending a case back for retrial is not appropriate where…

Where the trial court made no assessment of damages, the appellate court can make the assessment itself if there exists on the record enough evidence on…

If there is nothing on the other side of the scale, why the minimal proof?

When a defendant is absent, it does not ipso facto entitle the plaintiff to judgment. The plaintiff's evidence, though uncontradicted, must still be evaluated and appraised…

Where evidence given by a party was not challenged by the opposite party who had the opportunity to do so, it is always open to the…

It is not the law of pleadings that laws must be pleaded before a party can rely on them. While some specific laws (like limitation statutes)…

The right of counsel to address the court is provided for by rules of court. A trial judge's discretion must be exercised within the confines of…