Adam Justin Marchioni

The defendants brought a motion under Rule 21.01(1)(b) to strike the plaintiff's statement of claim for disclosing no reasonable cause of action.

The plaintiff sought damages for breach of contract and misrepresentation after a farmhouse on a property purchased from the defendants was destroyed by fire before closing.

The court found no contractual obligation for the defendants to insure the property, rebuild the farmhouse, or abate the purchase price, relying on the Supreme Court of Canada's decision in Wile v. Cook.

The misrepresentation claim lacked sufficient particulars as required by Rule 25.06(8).

The statement of claim was struck out, but with leave to amend.

The appellants, 1085638 Ontario Limited and Meadow Valley Garden Centre Ltd., appealed convictions under the Building Code Act and Planning Act related to the operation of a garden centre without proper permits and in violation of zoning.

The appeal focused on two issues: legal non-conforming use under s. 34(9) of the Planning Act and delay under s. 11(b) of the Canadian Charter of Rights and Freedoms.

The Court of Appeal dismissed the appeal, affirming that for a legal non-conforming use, the activity must be in active operation on the day the zoning by-law was passed.

Regarding the s. 11(b) claim, the court found no error in the lower court's conclusion that the corporate appellant failed to demonstrate prejudice, applying the pre-Jordan test.

The appellants appealed a summary judgment decision dismissing their counterclaim as statute-barred.

The counterclaim arose from a dispute between parties involved in waste disposal and transportation businesses from 2011 to early 2014.

The respondents claimed over $350,000 in damages and sought a declaration that the appellants had no beneficial interest in their companies.

The appellants counterclaimed for landscaping services and a declaration of beneficial interest.

The motion judge found the counterclaim was time-barred under the Limitations Act, 2002.

The tolling period under section 11 of the Act, which suspended the limitation period during attempted third-party resolution, ended on February 3, 2014 when the respondents unequivocally terminated the resolution agreement.

The counterclaim was issued March 3, 2016, well beyond the two-year limitation period.

The Court of Appeal upheld the dismissal.

The applicant, Mayor Justin Altmann, sought to quash parts of a by-law passed by the Town of Whitchurch-Stouffville, arguing they were ultra vires and beyond Council's authority under the Municipal Act.

The by-law imposed sanctions on the Mayor for failing to issue an apology as previously directed by Council, following an Integrity Commissioner's report on harassment complaints.

The court found that certain terms of the by-law, which restricted the Mayor's communication with staff and access to municipal facilities, constituted unauthorized penalties not permitted by the Municipal Act or the Town's Code of Conduct.

Consequently, these "offending terms" were declared ultra vires and quashed.