Akbarali

The moving party, assignee of the developer, sought summary judgment to enforce three debt instruments against the respondent condominium corporation.

The condominium corporation argued the instruments were oppressive due to inadequate disclosure to purchasers.

The court found the disclosure regarding the service unit mortgage and parking unit mortgage was confusing and insufficient, breaching the reasonable expectations of the purchasers.

The court reduced the principal amounts of both mortgages to reflect fair value and reasonable expectations.

The court also found a promissory note for land transfer tax was void for lack of a borrowing by-law and oppressive as it circumvented the developer's statutory obligation for first-year budget deficits.

The court awarded the condominium corporation amounts for common expense arrears, a first-year budget deficit, and reserve fund payments, and declined to appoint a receiver.

The plaintiffs brought two actions against their insurer for business interruption and property losses following an Indian meal moth infestation and the subsequent receivership of related companies.

In the first action, the court found the claimed losses were not 'direct losses' under the policy and that the receivership was not a covered peril.

In the second action, the court held that the property loss claim was barred by the one-year contractual limitation period, but the rolling business interruption claim beginning one year before the action was commenced could proceed.

The court granted the plaintiffs relief from forfeiture for inadequate proofs of loss and dismissed the insurer's abuse of process and vitiation defences.

The respondent husband brought a motion for summary judgment to dismiss the applicant wife's claims to set aside their 2009 and 2012 separation agreements, arguing there was no genuine issue for trial, the claims were an abuse of process, and the equalization claim was statute-barred.

The court dismissed the summary judgment motion, finding genuine issues for trial regarding unconscionability, duress, and inadequate financial disclosure.

The court also denied the husband's requests to bifurcate the trial and for security for costs, and ordered him to answer various undertakings and refusals from questioning.

The applicant appealed an arbitrator's decision in a loss transfer dispute finding its insured 100% at fault for a motor vehicle accident under Rule 14(2) of the Fault Determination Rules.

The arbitrator had relied on the Highway Traffic Act to interpret the phrase 'fails to obey a stop sign'.

The Superior Court determined the standard of review was reasonableness and found the arbitrator's interpretation and application of the rules, which excluded tort considerations like the other driver's speed, were reasonable.

The appeal was dismissed.

The Attorney General of Ontario applied for civil forfeiture of a property used as a Hells Angels clubhouse and various Hells Angels paraphernalia under the Civil Remedies Act.

The court found the property was both an instrument of unlawful activity, as it was used as a safe haven to plan crimes, and proceeds of unlawful activity, as its mortgage was paid using dues funded by criminal acts.

The court also found that official Hells Angels paraphernalia were instruments of unlawful activity used for intimidation.

The owners failed to establish the responsible or legitimate owner exceptions.

The court rejected arguments that a prior federal plea bargain rendered the provincial forfeiture clearly not in the interests of justice, and ordered forfeiture of the property and official paraphernalia, along with costs against the owners.

The plaintiff landlord sued the defendant tenant for damages after the tenant repudiated a commercial lease with eight years remaining.

The repudiation forced the plaintiff to sell the property, as it could not afford the carrying costs without the rental income and re-letting was unfeasible.

The defendants admitted liability but argued the plaintiff suffered no damages because the property was sold at fair market value.

The court rejected this argument, finding the forced sale was not at fair market value and did not compensate the plaintiff for the lost income stream and capital appreciation.

The court accepted the plaintiff's discounted cash flow analysis to quantify damages, using the 2015 appraised fair market value to account for foreseeable lost capital appreciation, and assuming reasonable mitigation through a hypothetical investment in a REIT basket.

The plaintiff hired the defendant general contractor for a home renovation on a cost-plus basis.

After becoming concerned about costs, the plaintiff hired a cost consultant who discovered a fraudulent invoicing scheme, including inflated sub-trade accounts and double-counted HST.

The plaintiff brought a motion for summary judgment for civil fraud and to pierce the corporate veil to hold the sole shareholder personally liable.

The court granted summary judgment, finding the contractor committed civil fraud and the shareholder used the corporation as an instrument of fraud.

The defendants' counterclaim for unpaid invoices was largely dismissed due to lack of supporting documentation.

The plaintiff exporter claimed under an accounts receivable insurance policy issued by the defendant for unpaid shipments and demurrage charges.

The defendant indemnified the plaintiff for completely unpaid shipments but denied coverage for partially paid and unreleased shipments, relying on an exclusion clause for changed payment terms and a dispute clause.

On cross-motions for summary judgment, the court found the exclusion clause did not apply as there was no agreement to change payment terms.

However, the court held the dispute clause applied because there were tenable disputes between the plaintiff and the buyer regarding the partially paid and unreleased shipments.

The court also found the defendant was not estopped from relying on the dispute clause and that the policy explicitly excluded demurrage.

The plaintiff's action was dismissed.