Barbara A. MacFarlane

The court considered whether a strip of land (the "0020 property") between the applicant's two properties was a public highway that should vest in the Town of Essex under the Municipal Act, 2001.

The applicant argued the land was a roadway on a registered plan of subdivision and should be owned by the Town.

The court found that the land was never dedicated or accepted as a public highway, was not used by the public, and was instead used by the respondent golf course for irrigation.

The application was dismissed and ownership confirmed in the respondent.

The court considered costs following summary judgment in a real estate transaction dispute.

The plaintiff was awarded $256,208.54 plus pre-judgment interest.

The plaintiff sought costs on a partial indemnity basis, while the defendants argued the costs were excessive.

The court reviewed the relevant statutory and common law principles, including proportionality and indemnity, and fixed costs at $15,000, inclusive of HST and disbursements, to be paid by the defendants to the plaintiff.

The court considered a motion regarding the sale of a jointly owned home and interim spousal support following the breakdown of a 26-year common-law relationship between two retired medical doctors.

The applicant sought the sale of the home and spousal support; the respondent sought a resulting trust and a vesting order.

The court found the property was intended to be held jointly, dismissed the resulting trust claim, ordered the property to be listed for sale, and awarded interim spousal support to the applicant.

The court granted summary judgment in favour of the plaintiff, Victoria Adeniji, for damages arising from the defendants' failure to complete a residential real estate transaction.

The defendants claimed they were entitled to rescind the contract due to alleged material misrepresentations in the MLS listing, but the court found that any misstatements were not material and did not induce the defendants to enter the agreement.

The court held that the defendants breached the agreement and awarded damages based on the difference between the contract price and the resale price, plus carrying costs, with a set-off for the deposit.

The plaintiff, Royal Bank of Canada, moved for summary judgment to collect a liquidated debt of $361,144.04 from the defendant, Issameddin Dahalan.

The defendant disputed the interest rate, claiming it was misrepresented as fixed rather than variable.

The court found no genuine issue requiring a trial, determining that the loan agreement clearly stipulated a variable interest rate tied to the prime rate.

The defendant's conduct of making payments after rate increases also suggested awareness of the variable nature.

The motion for summary judgment was granted, and the defendant was ordered to pay the outstanding amount plus pre-judgment interest and costs.

This application concerned a dispute over the administration of an estate, specifically the sale of the deceased's home to one of the estate trustees and a $40,000 cheque cashed by another trustee after the deceased's death.

The court found that the trustees breached their fiduciary duties by selling the home below fair market value and that the $40,000 cheque was not a valid gift as it was cashed after the donor's death.

The court ordered the trustee who purchased the home to reimburse the estate for the undervaluation and the trustee who cashed the cheque to return the funds.

The court declined to remove the trustees or nullify the home sale.

The defendants sought an adjournment of a summary judgment motion in a real estate transaction dispute.

The court denied the adjournment, finding that the defendants failed to act with reasonable diligence in obtaining non-party evidence and that the sought-after evidence from real estate agents was not relevant to the issues on the motion, particularly regarding alleged misrepresentations and mitigation.

The court emphasized the importance of adhering to timetables and the need for relevance in seeking evidence.