Ronald Lachmansingh

The appellants appealed an order dismissing their motion to amend their statement of claim to add a conspiracy claim.

The motion to amend was served before the expiry of the limitation period but was not heard until after it had expired due to inordinate delay.

The Divisional Court allowed the appeal, holding that the parties' rights crystallized on the date the motion was served.

Since the motion was served within the limitation period and the proposed amended pleading was sufficient in law, the amendment was permitted despite the delay.

The appellants appealed a trial judgment regarding adverse possession and the subsequent costs award based on an offer to settle.

The Court of Appeal dismissed the appeal, finding that the trial judge applied the proper test for adverse possession and made factual findings well supported by the record.

The trial judge's view of the offer to settle was also deemed reasonable.

The appellant appealed a decision denying his application to amend his statement of claim to plead illegal consideration.

The Master and the appeal judge had refused the amendment, finding it an abuse of process because a judge on a prior interlocutory injunction motion ruled the allegation did not raise a triable issue.

The Court of Appeal allowed the appeal, holding that a refusal to grant an interlocutory injunction is a preliminary decision and does not finally determine the cause of action.

The appellant was granted leave to amend his statement of claim.

The appellant appealed a Small Claims Court judgment finding her liable under a conditional sales contract for a motor vehicle.

She argued the trial judge erred by admitting business records and hearsay evidence without compliance with the notice requirements of section 35 of the Evidence Act.

The Divisional Court dismissed the appeal, holding that section 27(1) of the Courts of Justice Act permits the admission of relevant hearsay in Small Claims Court proceedings, and that section 35 of the Evidence Act is an enabling provision that does not restrict other statutory avenues for admitting business records.

The evidence was found sufficient to establish liability.

The appellant appealed a Small Claims Court decision regarding a conditional sales contract for a car loan.

The central issue was the jurisdiction of the Small Claims Court to admit hearsay evidence.

The Divisional Court noted a potential conflict between section 27 of the Courts of Justice Act and section 2 of the Evidence Act regarding the admissibility of hearsay.

As neither party addressed this issue in their factums, the court adjourned the appeal to allow the parties to amend their factums.

The appellant condominium corporation appealed a trial judge's decision disallowing its claims for security services and realty taxes against the respondent, who owned a commercial underground parking garage below the condominium.

The Court of Appeal upheld the trial judge's interpretation of the Parking Garage Agreement, finding no obligation for the respondent to pay for security services and affirming a subsequent agreement regarding realty taxes.

The respondent's cross-appeal was allowed in part to correct the formal judgment and to declare claims prior to July 4, 1995, statute-barred.