Alita F. Wolff

The plaintiff, Avi Berger, moved to stay a Landlord and Tenant Board (LTB) application pending the outcome of his Superior Court action, in which he claims a beneficial ownership interest in the property at issue.

The defendant Sammie Millis, the current owner, opposed the motion.

The court dismissed the motion, finding that the LTB has sole jurisdiction over tenancy and eviction matters, and that the Superior Court action regarding beneficial ownership can proceed independently.

The court found no special circumstances to warrant a stay and held that granting one would be unjust to the landlord.

The defendants, Wildwood by the Lake Leaseholders Association and three individual board members, moved for summary dismissal of two actions brought by the plaintiff, a former board member.

The plaintiff alleged defamation arising from an investigation into her alteration of a job description document and subsequent reprimand.

The court dismissed the summary judgment motions, finding substantial factual disputes and witness credibility issues that require a trial.

The judge emphasized that the case was not suitable for summary judgment, particularly given the need for credibility assessments and the potential for the defence of qualified privilege to be defeated by malice or by exceeding the scope of the privilege.

The court also reiterated the Court of Appeal's caution against granting partial summary judgment.

The applicant, a 20% shareholder and former director of the respondent corporation, sought production of financial statements and an order for a shareholders' meeting.

The matter was directed to a case conference under a new Toronto Civil List policy for short applications.

The respondents sought a last-minute adjournment citing a vague medical note, which the court denied due to a history of delay.

Applying the principle of proportionality and the need for a culture shift in civil justice, the court held it was appropriate to grant the substantive relief requested directly at the case conference rather than forcing the applicant to wait 14 months for a formal hearing.