Antony Niksich

The plaintiff condominium corporation brought a motion for an interlocutory compliance order and restraining orders against a unit owner and its principals/agents.

The plaintiff alleged that the defendants engaged in a multi-year pattern of threatening, abusive, and harassing behaviour towards the board of directors, property management, and other unit owners, including threats of litigation and physical intimidation.

The court found that the defendants' conduct violated section 117 of the Condominium Act, constituted workplace harassment under the Occupational Health and Safety Act, and was oppressive under section 135 of the Condominium Act.

The court granted interlocutory orders restraining the defendants from further harassment and from soliciting proxies.

The applicant was wholly successful on a motion to strike the respondent's Notice of Objection under the Repair and Storage Liens Act and sought substantial indemnity costs.

The respondent argued costs should be reserved to the trial judge.

The court found no reason to defer costs, as the respondent had obstructed the statutory process.

However, the court awarded partial indemnity costs of $20,212.04, finding the respondent's conduct did not meet the threshold for substantial indemnity.

The applicant brought a motion to strike the respondent's Notice of Objection under the Repair and Storage Liens Act (RSLA) and for the return of a customized truck.

The respondent argued the RSLA did not apply because its work constituted manufacturing a new vehicle, not repairing an existing one, and claimed an additional $150,000 for estimated export costs.

The court found the work constituted a 'repair' under the RSLA and that the respondent had attorned to the RSLA process.

The court struck the Notice of Objection as an abuse of process because the additional costs claimed were not for repair or storage, and ordered the return of the vehicle.

The appellant appealed a Master's order granting the respondent leave to amend his Statement of Defence and Counterclaim to add the appellant as a defendant by counterclaim.

The appellant argued the Master erred in granting leave after the action was set down for trial, in her application of the discoverability principles under the Limitations Act, 2002, and in finding the respondent had standing to bring an oppression claim.

The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error or error of law in the Master's decision to allow the amendments and add the appellant as a party.

The plaintiff landlord sued the defendant mutual fund dealers for inducing breach of contract, intentional interference with economic relations, and unjust enrichment after the defendants acquired the book of business of the plaintiff's tenant, who subsequently defaulted on its lease and went bankrupt.

The defendants brought a motion for summary judgment to dismiss the action.

The court granted the motion, finding that the defendants did not intend to procure a breach of the lease, did not engage in unlawful conduct targeting the plaintiff, and that the bankruptcy process provided a juristic reason for any enrichment.

The action was dismissed with costs awarded to the defendants on a partial indemnity scale.

Following the dismissal of the defendants' motion to set aside a default judgment, the plaintiff sought costs of $9,975.65 on a partial indemnity scale.

The defendants argued the legal fees claimed were excessive and unreasonable, noting the plaintiff's lawyer spent twice as much time on the matter.

The court disagreed, finding the costs claimed to be fair, reasonable, and within the defendants' reasonable expectations.

Costs were awarded to the plaintiff in the requested amount.