Amir Khan

In a CCAA proceeding involving a substantially completed condominium development, the Applicant sought orders approving a Unit Sale Process for unsold units, a Construction Lien Claims Process, and ancillary relief including a stay extension and DIP facility increase.

The Court granted the orders, sealing the Target Price List for the unsold units to protect commercial sensitivity, and staying a regulatory proceeding by the Home Construction Regulatory Authority to revoke the Applicant's license, finding the license essential to the restructuring and sale process.

The appellant tenants appealed two decisions of the Landlord and Tenant Board dismissing their application regarding the landlord's entry into the property.

The tenants alleged the landlord entered illegally and substantially interfered with their reasonable enjoyment by accessing a basement storage area through the backyard with a three-hour notice window.

The Divisional Court dismissed the appeal, finding that the Board's determinations regarding the sufficiency of the notice and the tenants' lack of exclusive use of the backyard were questions of mixed fact and law, and revealed no extricable error of law.

The Court of Appeal for Ontario dismissed Jennifer Stride’s motion for security for costs against Syra Group Holdings in relation to Syra’s appeal of a wrongful dismissal judgment.

The court found that the requirements for security for costs under Rules 61.06(1)(b) and (c) were not met, as Stride was not a defendant or respondent in the original action and there was insufficient evidence that Syra was liquidating assets to avoid payment.

The court also noted that the strength of the appeal was not weak and that more compelling proof of evasion was required.

Each party was ordered to bear their own costs for the motion.