Where the vendor's title is denied, the origin of the vendor's title must be pleaded and proved; failure to do so is fatal to the plaintiff's…

In a claim for trespass to land and injunction, title is put in issue; the onus is on the plaintiff to prove ownership and/or exclusive possession.

Issues are said to be joined on the pleadings when an averment in the opponent's pleading has been denied or traversed.

Once a party traces his root of title to a particular person or family and the vendor's title is denied, he must establish how that person…

Order 8 Rule 2(2) of the Supreme Court Rules requires that if grounds allege misdirection or error in law, the particulars and nature of the misdirection…

A ground reveals a question of law if it shows misunderstanding or misapplication of the law to proved or admitted facts; it raises mixed law and…

The character of a ground of appeal does not depend on the label counsel gives it; a ground of mixed law and fact is not converted…

A challenge to the exercise of judicial discretion necessarily raises issues of mixed law and fact because the appellate court must look at the surrounding circumstances…

Undisputed facts lead to a question of law only where there are authoritative predetermined rules of law that govern the conclusion from such facts; otherwise, the…

A question of fact is any question determined by admission or evidence rather than by authority and argument, by the jury or judge sitting as jury,…

Generally considered, the term "question of law" is capable of three different meanings: first, a question the court is bound to answer in accordance with a…

In appeals to the Supreme Court, leave to appeal must be obtained from either the Court of Appeal or the Supreme Court before an appeal can…