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Motion for leave to appeal Ontario Land Tribunal decision dismissed with costs.
The moving party brought a motion for leave to appeal a decision of the Ontario Land Tribunal.
The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay costs of $5,000 to the responding party.
A municipal by-law restricting the timing and location of election signs unconstitutionally infringed freedom of expression.
The applicant, Charles Frederick Armstrong, challenged the constitutionality of the Township of Russell’s Sign By-Law, which restricted the display of municipal election signs.
The court found that the by-law violated Armstrong’s freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms and that the violation was not justified under section 1.
The court also found that the Township was unjustly enriched by requiring Armstrong to pay $450 for the return of his signs, which had been removed under the unconstitutional by-law.
Motion for leave to appeal Ontario Land Tribunal decision dismissed with no order as to costs.
The moving party sought leave to appeal a decision of the Ontario Land Tribunal dated October 27, 2023.
The Divisional Court dismissed the motion for leave to appeal.
As no costs outlines were filed, the court made no order as to costs.
Out-of-province plaintiff ordered to post $17,000 security for costs after failing to prove impecuniosity.
The defendants brought a motion for security for costs against the plaintiff, a Florida resident, in a personal injury action arising from a trip and fall at the CN Tower.
The plaintiff opposed the motion, claiming impecuniosity.
The court found the plaintiff failed to meet the rigorous standard of financial disclosure required to prove impecuniosity, noting her unencumbered condominium and lack of medical evidence regarding her inability to work.
Applying a holistic approach, the court ordered the plaintiff to post $17,000 in security for costs up to and including discoveries.
