Aliah El-houni

The appellant appealed an order of the Landlord and Tenant Board.

The Divisional Court allowed the appeal, quashed the Board's order, and remitted the motion for an extension of time back to the Board to be heard in a procedurally fair process.

This ruling addresses the issue of costs following a decision granting a permanent injunction to Foxgate Developments Inc. and confirming an interlocutory injunction for The Corporation of Haldimand County.

The successful parties, Foxgate and Haldimand, sought costs from the defendant, Skyler Williams.

Williams argued that the litigation was in the public interest, warranting an exemption from costs, or that costs should be deferred or referred to an assessment officer.

The court dismissed Williams' arguments, finding that the case did not meet the high threshold for public interest litigation.

The court awarded partial indemnity costs to Foxgate ($60,000) and Haldimand ($13,000), to be paid forthwith by Skyler Williams, determining that his conduct did not warrant solicitor-client or full indemnity costs.

The applicant, a victim of and witness to a shooting, brought an application to quash a search warrant and an assistance order for her cell phone.

The police had seized the phone during a lawful search of her vehicle and subsequently obtained a warrant to search the phone's contents, along with an assistance order compelling her to provide the password.

The applicant argued the seizure was unlawful, the warrant lacked grounds, and the assistance order violated her section 7 Charter right to silence.

The Superior Court of Justice dismissed the application, finding the initial seizure lawful, the search warrant validly issued with sufficient grounds, and the assistance order constitutional as the applicant was not an accused or suspect.