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Plaintiff ordered to produce underlying accounting records to fulfill best efforts discovery undertaking.
The defendant moved for production of the plaintiff's accounting records pursuant to a 'best efforts' undertaking given at discovery.
The plaintiff, who claims over $2 million in lost profits from his gas station and variety store, argued he was not required to create formal accounting books.
The court held that 'books' in this context included the plaintiff's revenue and expense records, which were relevant and within his control.
The court ordered production of the records but allowed temporary redaction of supplier names pending a potential motion by the plaintiff for a protective order regarding commercially sensitive information.
Appeal of zoning by-law amendment dismissed; appellant did not meet statutory criteria of a public body.
The applicant brought a motion to dismiss an appeal of a zoning by-law amendment that would permit a trailer park expansion.
The appellant, Kawartha Nishnawbe First Nations, filed a Notice of Constitutional Question arguing that the definition of a 'public body' in the Planning Act discriminates against unrecognized First Nations.
The Tribunal dismissed the constitutional question, finding it lacked jurisdiction to grant the requested relief under s. 15 of the Charter.
The Tribunal then granted the motion to dismiss the appeal, concluding that the appellant did not meet the statutory criteria of an appellant under s. 34(19) of the Planning Act because it is not a recognized band under the Indian Act.
Party status granted to applicant; standing challenge to zoning by-law appeal deferred to formal motion.
The Kawartha Nishnawbe First Nation appealed a zoning by-law amendment approved by the Township of Selwyn that permitted a 40-site expansion to an existing trailer park.
At the first Case Management Conference, the Tribunal granted party status to the applicant, Lovesick Lake Beach Resort Ltd. The applicant challenged the appellant's standing to appeal under the Planning Act, which the Tribunal directed to be heard at a subsequent formal motion hearing.
Motion for interim injunction dismissed due to lack of urgency and failure to exhaust remedies.
The applicants sought an ex parte interim injunction to stop the elections for the council of the Fond du Lac Denesuline First Nation.
The Federal Court dismissed the motion, finding that the matter was no longer urgent and that the applicants had not exhausted the alternative remedy provided by the First Nation's Election Act, which established an Appeal Board to hear election grievances.
