Alexandra Hoi Yin Cheung

The court approved a proposed settlement and certified the action for settlement purposes under the Class Proceedings Act, 1992.

The class consists of approximately 100 investors in a failed real estate limited partnership project.

The settlement restores the class members’ proportionate interest in the property, now with greater development density and less debt, and is considered generous.

The court found the settlement fair, reasonable, and in the best interests of the class, and approved class counsel’s fees.

The action will continue only as between the defendants for unresolved crossclaims.

The defendant, Hydro One Networks Inc., moved for a temporary stay of an action brought by Nyon Oil Inc. and 1170367 Ontario Inc. regarding land ownership and rights to operate electricity transmission infrastructure.

The court considered the overlap and differences between the Superior Court action and a parallel Ontario Energy Board proceeding, ultimately granting a one-year stay to allow the Board to determine expropriation and related issues first.

The court found that the Board had exclusive jurisdiction over the ongoing operation of the transmission system and that a stay would avoid inconsistent findings and protect the public interest.

The appellant, a condominium unit holder, appealed the dismissal of his application against the condominium corporation regarding noise complaints from an adjacent unit.

The original application sought relief under the Condominium Act, primarily an oppression remedy (s. 135), and damages.

The application judge found the corporation's response to the complaints reasonable and dismissed the application, noting that the unit owner causing the noise was not a party, precluding certain remedies.

On appeal, the appellant's new counsel attempted to re-frame the argument to focus on a compliance order under s. 134 (nuisance).

The Court of Appeal refused to entertain this new argument, emphasizing that it was not properly raised below and would require fact-finding.

The Court affirmed the application judge's finding that the corporation's conduct was not oppressive, as it had taken reasonable steps to address the complaints, and that the requested remedy of unit renovation could not be ordered without the affected unit owner being a party.

The appeal was dismissed.