Brandon Joseph Fragomeni

The applicants initiated a proceeding by application seeking declarations and substantial damages related to an anaerobic digester, and subsequently moved to add a party and for injunctive relief to prevent the digester's reactivation.

The court found the application procedurally inappropriate and outside its jurisdiction under the Rules of Civil Procedure, particularly due to the presence of material facts in dispute and the complex nature of the claims (nuisance and negligence).

Consequently, the court converted the application into an action, directing the applicants to file a Statement of Claim, and denied the immediate injunctive relief on the basis that it was not available in an improperly commenced application.

The proposed intervenor brought a motion seeking leave to intervene as an added party in an application for judicial review.

The underlying application challenged the Ministry of Energy's conclusion that the duty to consult regarding a pipeline replacement project was satisfied.

The court granted the motion, finding that the proposed intervenor had a direct interest in the proceeding, could be adversely affected by the judgment, and shared common questions of law and fact with a parallel appeal.

The Claimant brought a claim for compensation under the Expropriations Act arising from the closure of an access point during highway construction.

Following an urgent adjournment requested by the Respondent due to a witness's hospitalization, the Tribunal held a case management conference to schedule new dates.

The Tribunal scheduled a motion date to hear the Claimant's motion to strike, the Claimant's motion for costs thrown away, and the Respondent's motion to withdraw deemed admissions.

A new five-day hearing on the merits was also scheduled.

The Attorney General brought a motion for a preservation order under the Civil Remedies Act, 2001 for $66,760 in Canadian currency seized by police during a search of a residence.

The court found reasonable grounds to believe the currency was the proceeds or instrument of unlawful activity, noting the presence of bundled cash and firearms.

As no evidence was presented to show the order would not be in the interests of justice, the preservation motion was granted pending the disposition of the forfeiture application.