Arthur Zask

This costs endorsement follows the granting of interlocutory relief to Parkland Corporation in a lease dispute.

The court awards partial indemnity costs to Parkland, finding the respondents' conduct did not rise to the level warranting substantial indemnity.

The decision discusses the principles governing costs, including proportionality, misconduct, and the timing of costs awards.

The decision concerns Parkland Corporation’s motion for interlocutory relief to enforce negative covenants in a lease requiring Caledon Fuels Inc. to operate a gas station as an Ultramar station with fuel supplied by Parkland.

The court grants Parkland leave to register a certificate of pending litigation (CPL) and issues an injunction against Caledon and the purchaser, 16408117 Canada Inc., from breaching the lease.

The ruling addresses the legal tests for a CPL and interlocutory injunction, the effect of actual notice of a lease under the Land Titles Act, and the balance of convenience between the parties.

The plaintiffs in a medical malpractice action sought to amend their Statement of Claim to add a proposed defendant, Dr. Sharon Koren, after the two-year limitation period under Section 38(3) of the Trustee Act had expired.

The court dismissed the motion, finding that neither the common law exception of fraudulent concealment nor special circumstances applied to extend the limitation period.

The court noted that Dr. Koren's error in sending an erroneous consult note was made in good faith and corrected promptly, and that the plaintiffs were aware of Dr. Koren's involvement well before the limitation period expired.

The court also gave little weight to the plaintiffs' counsel's affidavit due to issues of privilege waiver and hearsay.