Andrew Baker

The claimant brought a motion regarding the City's alleged failure to disclose documents over which it claimed litigation, settlement, or solicitor-client privilege in its Affidavit of Documents.

The Tribunal found that litigation was reasonably contemplated by December 2015, but the City had not fully met its onus to show all subsequent documents were prepared for the dominant purpose of litigation.

The Tribunal ordered the City to provide a fresh Schedule B and produce documents predating the March 2020 Statement of Claim, subject to redactions for legal advice and settlement positions.

The applicant appealed the City of Markham's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.

At the second Case Management Conference, the parties advised that a settlement in principle had been reached.

The Tribunal scheduled a one-day settlement hearing for October 24, 2022, and directed the parties to file settlement materials in advance.

In an expropriation proceeding, both the claimant and the respondent municipality brought motions regarding questions refused during examinations for discovery.

The Tribunal ordered the City's representative to answer questions about the purchase price of adjacent lands, finding it relevant to the claimant's theory of highest and best use.

The Tribunal also ordered the claimant's representative to provide an itemized list of rental losses and to produce valuation reports referenced in its pleadings, provided that the claimant was not required to produce new analyses or expert work product protected by litigation privilege.

Multiple appellants appealed the City of Toronto's adoption of Official Plan Amendment No. 478 (OPA 478), which provides area-wide policies for lands near the Main Street TTC Station and Danforth GO Station.

At a settlement hearing, the Tribunal considered proposed modifications to OPA 478 that clarify the provision of new streets, parks, built form standards, and municipal services.

Based on uncontested expert planning evidence, the Tribunal found that the modified OPA 478 is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents good land use planning.

The Tribunal allowed the appeals in part and approved the modified OPA 478.

The plaintiffs, former co-owners of a property, sued the defendants, real estate appraisers, for negligence and breach of contract arising from an appraisal report prepared for a prior arbitration.

The defendants brought motions for summary judgment to dismiss the claims based on expert witness immunity.

The court granted the defendants' motions, finding that the appraiser acted as an expert witness in the arbitration and is therefore absolutely immune from civil suit by both the adverse party and his own client for his report and testimony.

The court also held that issue estoppel did not apply to bind the defendants to the arbitrator's findings, as they were not privies to the arbitration.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a high-density mixed-use development at 6 Dawes Road.

Following mediation, the parties reached a settlement for a revised proposal consisting of two buildings with four residential towers.

The Tribunal accepted uncontested expert planning evidence that the proposed settlement is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good planning.

The appeal was allowed in part, with the final order withheld pending the satisfaction of various conditions by the City.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development.

At the third Case Management Conference, the parties advised the Tribunal that a settlement had been reached in principle.

With the consent of all parties, the Tribunal scheduled a settlement hearing for December 17, 2021, and removed a self-represented party's issues from the list following his withdrawal.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.

The application proposed two mixed-use buildings with four towers at 6 Dawes Road.

Following a second Case Management Conference, the Ontario Land Tribunal issued a Procedural Order, scheduled a 10-day hearing for June 2022, and set a third Case Management Conference for November 2021.

The Applicants applied for a Class B licence under the Aggregate Resources Act to operate an aggregate pit on their asparagus farm.

Several parties objected, but the objections were resolved through Minutes of Settlement prior to the hearing.

The Tribunal heard uncontroverted expert evidence in biology, hydrogeology, land use planning, and aggregate resources, confirming that the proposed pit would not adversely impact natural heritage features, groundwater, or nearby residents.

The Tribunal found the application consistent with the Provincial Policy Statement and the County Official Plan, and directed the Minister to issue the licence subject to amended site plan conditions, including turtle exclusion fencing and groundwater monitoring.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals against the City of Toronto's approval of Official Plan Amendment No. 478.

The parties reported that settlement discussions were ongoing in good faith and requested a subsequent Case Management Conference to review the results.

The Tribunal scheduled the next Case Management Conference for January 31, 2022, and a 30-day Hearing of the Merits commencing April 4, 2022.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit two mixed-use tall buildings.

At a Case Management Conference, the parties reported substantial progress in settlement discussions and requested a further adjournment.

The Tribunal scheduled an additional Case Management Conference for November 25, 2021, to allow discussions to continue.

The City of Windsor appealed a Local Planning Appeal Tribunal (LPAT) decision awarding the respondents approximately $2.8 million in compensation for expropriated lands and injurious affection.

The City argued the LPAT breached natural justice by copying the respondents' submissions and erred in its treatment of Provincial Policy Statements (PPS) regarding environmentally sensitive lands.

The Divisional Court dismissed the appeal, finding that the extent of copying did not rebut the presumption of independent decision-making.

The Court also found no palpable and overriding errors in the LPAT's factual findings regarding the impact of the PPS on the lands' development potential, the valuation of the properties, or the award of interest.

The moving parties brought a motion for leave to appeal from an order of the Local Planning Appeal Tribunal.

The Divisional Court dismissed the motion for leave to appeal and awarded costs of $18,000 to each of the responding municipalities.

In the context of a pending summary judgment motion regarding an alleged negligent misrepresentation of intent to acquire property for a GO Train station, both parties brought motions to compel answers to questions refused during cross-examinations on affidavits.

The Master applied the principles from Ontario v. Rothmans Inc. to determine the proper scope of cross-examination.

Notably, the Master found that the defendant waived solicitor-client privilege by relying on its counsel's advice to support its defence of good faith and to allege ulterior motives by the plaintiffs.

Both parties were ordered to answer specific questions and re-attend for further cross-examination.

The court issued an addendum to its Reasons for Judgment, which previously found certain Option Agreement provisions unconscionable and granted relief from penalty and forfeiture under section 98 of the Courts of Justice Act to the applicants.

This addendum sets the specific terms for that equitable relief, including timelines for construction commencement contingent on the respondent withdrawing an objection and the final disposition of any appeal.

The court also addressed costs, finding the applicants entirely successful and awarding them partial indemnity costs of $111,349.43, rejecting the respondents' arguments for divided success or reduced costs.

The appellant's land was expropriated by the respondent municipality.

After years of delay and litigation, the appellant rejected a settlement offer of $1.2 million.

The Ontario Municipal Board ultimately awarded compensation of $710,000 and ordered costs against the appellant from the date of the settlement offer.

The appellant appealed, arguing that 'amount offered' under s. 32 of the Expropriations Act refers only to the initial statutory offer under s. 25, and that costs cannot be awarded against an expropriated party.

The Court of Appeal dismissed the appeal, holding that s. 32 encompasses subsequent offers and that the Board retains discretion to award costs against a claimant to encourage settlement and sanction unreasonable conduct.

The applicants sought a declaration that repurchase and daily penalty provisions in an Option Agreement were unenforceable and relief from forfeiture under section 98 of the Courts of Justice Act.

The respondents brought a cross-application to enforce the agreement.

The court found the provisions unconscionable due to gross disproportionality between the forfeiture/penalty and actual damages, coupled with unfair conduct by the respondents, unequal bargaining power, and inherently unreasonable terms.

The court also determined that the respondent Michael's agent implicitly waived Michael's right to rely on the construction deadline through his conduct.

Consequently, the applicants' request for relief from forfeiture was granted, and the respondents' cross-application to enforce the Option Agreement was dismissed.

The court imposed new, equitable terms for future construction and a revised repurchase price if subsequent defaults occur.

The appellant appealed an Ontario Municipal Board decision regarding interest and costs awarded following the expropriation of its lands by the respondent City.

The Board had calculated statutory interest based on the appellant's net interest in the lands after deducting an outstanding mortgage, and awarded costs against the appellant from the date of a Rule 49 settlement offer that exceeded the final compensation award.

The Divisional Court found the Board's interpretation of the Expropriations Act regarding both the interest calculation and the costs award to be reasonable, dismissing the appeal.

The appellant purchased a home constructed by the respondent in 1997.

Mould was discovered in 2002 due to faulty construction and water leakage.

The mould was remedied and the house was sold without loss in value.

The appellant claimed damages for psychological and emotional injuries and out-of-pocket expenses.

The motion judge dismissed the action, finding the psychological injuries were too remote and not reasonably foreseeable.

The appellant appealed, arguing the motion judge erred in dismissing the claims for psychological and emotional injuries and that the contractual warranty limitations were irrelevant to the negligence claim.

The Court of Appeal upheld the dismissal, finding the motion judge properly applied the test from Mustapha v. Culligan and correctly concluded that a person of ordinary fortitude would not have suffered the serious psychiatric injury claimed in these circumstances.

The appellant's property was damaged by flooding following significant rainfalls in May 2013.

The floodwaters originated from adjacent land expropriated by the respondent municipality in 2009 for a construction project.

The appellant had commenced an injurious affection claim before the Ontario Municipal Board in 2011.

Following the flooding, the appellant commenced an action in Superior Court in June 2015.

The respondent moved for summary judgment on the basis that the action was statute-barred under the Limitations Act, 2002.

The motion judge found the claim was discoverable when the flooding occurred in May 2013.

The Court of Appeal allowed the appeal, finding the motion judge erred by failing to consider whether an action in Superior Court would be an appropriate means to seek a remedy, and by misapprehending the evidence regarding the appellant's belief that the OMB had exclusive jurisdiction over injurious affection claims.