2 total
Summary hearing to dismiss applications denied; disability discrimination claims have a reasonable prospect of success.
The applicants alleged discrimination and reprisal on the basis of disability by the respondent housing co-op.
The Tribunal held a summary hearing to determine whether the applications had no reasonable prospect of success.
The applicants alleged that discriminatory treatment began after one applicant's medical condition was disclosed, leading to the termination of his probationary membership.
The Tribunal found that the applicants might be able to establish a link between the alleged events and the prohibited ground of disability.
The Tribunal concluded that the applications had a reasonable prospect of success and directed the respondent to file a response.
Small Claims Court has jurisdiction over Construction Lien Act trust claims, but unpleaded claims cannot succeed if unfair.
The plaintiff subcontractor sued the defendant contractor in Small Claims Court for unpaid invoices.
During closing arguments, the trial judge raised the issue of a trust claim under the Construction Lien Act, which had not been pleaded.
The trial judge found the defendant liable for breach of trust.
On appeal, the Divisional Court held that while the Small Claims Court has jurisdiction to hear trust claims within its monetary limits, it was unfair to the defendant to grant judgment on an unpleaded trust claim, as it deprived him of the opportunity to adduce evidence to discharge his burden as trustee.
The appeal was allowed and a new trial ordered.
