Brent Kenneth Harasym

This endorsement addresses the costs arising from an unsuccessful motion for leave to appeal brought by The Corporation of the Town of Niagara-on-the-Lake (NOTL).

The responding parties, Tweed Farms Inc. and 2470689 Ontario Inc., sought costs.

Tweed Farms claimed increased costs due to NOTL's abandoned positions, the expedited nature of the motion, and challenges related to virtual hearings during COVID-19.

NOTL argued the claimed amounts were excessive.

The court applied principles of proportionality and reasonable expectations, adjusting counsel rates and acknowledging the impact of NOTL's litigation conduct.

The court awarded Tweed Farms Inc. $25,875 and 2470689 Ontario Inc. $5,940, both on a partial indemnity basis.

The appellant, Julie Lawrence, appealed the order of the motion judge regarding the disposition of her late father's estate.

The central issue was whether a $50,000 TD line of credit taken out prior to the deceased's marriage to the respondent (the estate trustee and second wife) was a debt of the estate or secured against the matrimonial home.

The motion judge found the estate liable for the debt.

The appellant also alleged the motion judge demonstrated a reasonable apprehension of bias and improperly refused an adjournment.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the factual findings, no reasonable apprehension of bias, and no improper exercise of discretion regarding the adjournment or costs award.

The applicants, William Grantmyre and Rivard's Sawmill Builders' Supply Co. Limited, sought an interim injunction to restrain the Bank of Nova Scotia from selling a property under power of sale.

Grantmyre, who acquired title to the property for nominal consideration after the mortgage default and notice of sale, argued he should have received notice of the mortgage enforcement proceedings.

The court dismissed the motion, finding that Grantmyre failed to establish a serious question to be tried, irreparable harm, or that the balance of convenience favored granting the injunction.

The court also raised concerns about Grantmyre's credibility and found his transfer of title was an attempt to evade the mortgage action.

This application concerned the interpretation of a commercial lease following a fire at the leased premises, a bar and restaurant.

The applicant tenant sought a declaration that the respondent landlord was responsible for repairing fire and water damage to the walls, ceilings, and flooring, and for abating rent until repairs were complete, pursuant to Article 9.03 of the lease.

The landlord argued the damage was minor, its repair obligations were limited, and the tenant's subsequent conduct supported its interpretation.

The court found that the premises were "not fit for occupancy" or "unsafe to use or occupy" due to accelerant odour, inoperative sprinklers, and fire/water damage, triggering Article 9.03.

The court rejected the landlord's narrow interpretation of its repair obligations and its estoppel by convention argument, declaring the landlord responsible for full repairs to a comparable pre-fire state and rent abatement until completion.

The Town of Pelham, as the successful applicant in a prior application, sought costs against Fonthill Gardens Inc. The respondent argued for no costs, claiming the Town's success was incomplete as the judgment did not fully clear title for a third-party sale.

The court awarded costs to the Town on a partial indemnity basis, but with a downward adjustment to $14,000, acknowledging the Town's less than complete success on the application's practical outcome.

The applicant, widow of the deceased, sought directions under Rule 75.06 regarding the estate, including payment of a debt to TD Bank and issuance of a certificate of appointment as executor.

The respondents, children from the deceased's first marriage, objected to the appointment and resisted debt payment, arguing the debt was secured against the matrimonial home now solely owned by the applicant.

The court ordered the TD Bank debt paid from the estate, granted the certificate of appointment to the applicant, and awarded costs against the respondents for an abandoned motion and for unreasonably delaying debt payments, finding their objections lacked merit.

The applicant sought substantial indemnity costs after successfully litigating a right-of-way dispute.

The respondents, through new counsel, argued for lower costs, citing ineffective prior representation and a late concession.

The court awarded the applicant $20,000 in all-inclusive costs, finding that the respondents' conduct, including an adjournment, unhelpful affidavits, and a late major concession, warranted more than partial indemnity.

The court also clarified its earlier order regarding the registration of the court orders on title at the respondents' expense.