Alexandra Rosu

Waterloo North Condominium Corporation No. 161 and John Curtis Redmond each brought applications concerning alleged breaches of condominium rules and common element maintenance issues, specifically regarding surface drainage and grading.

The parties subsequently entered into Minutes of Settlement, resolving all substantive disputes but reserving the question of costs for judicial determination.

The court declined to award costs to either party, emphasizing that where parties settle all substantive issues without judicial adjudication, the court should be reluctant to conduct a "paper trial" on the merits solely for the purpose of determining costs.

A litigation funding company sued a personal injury lawyer and his firm to recover amounts advanced under several loan agreements used to fund litigation disbursements.

The dispute concerned the meaning of “transfer of the client’s file” in the contracts and whether such transfers triggered immediate repayment obligations.

The defendants argued the term was ambiguous and relied on an alleged side agreement that loans need not be repaid where settlements were under $50,000.

The court held the contracts were clear that repayment became due when client files were transferred to new counsel and rejected the alleged side agreement as not altering the written agreements.

Judgment was granted to the lender for the outstanding balances with interest and the defendants’ counterclaim was dismissed.