The Regional Municipality of York (the "Region") brought a motion for summary judgment to dismiss the claim of 2149629 Ontario Inc. ("214"). 214 sought damages for negligence and breach of contract, alleging that the Region's actions caused it to miss a deadline for registering a plan of subdivision, thereby incurring higher development charges.
The court found that 214 knew or ought to have known about the dewatering condition required for registration.
The court determined that the Region was not negligent, there was no principal/agency relationship between the Region and the Township of King, and the Region did not breach its contractual duty of good faith.
Furthermore, the court denied relief from forfeiture, concluding that 214 was not penalized but rather failed to receive a benefit by not meeting the agreement's conditions.
The motion for summary judgment was granted, and 214's claim was dismissed.