Brynn Leger

Metrolinx applied for a warrant to take possession of expropriated lands, while the respondent landlords and tenants applied to postpone possession, arguing Metrolinx failed to make a valid, good-faith offer of compensation under s. 25 of the Expropriations Act.

Metrolinx had offered $1.00 due to alleged environmental contamination but refused to answer questions or provide environmental reports during examinations.

The respondents sought an adjournment to bring a refusals motion before a Master.

The court granted the adjournment, finding the respondents had a reasonable basis to test whether Metrolinx's offer was made in good faith.

The appellant lawyer appealed a Small Claims Court decision finding him professionally negligent in his representation of the respondent in a condominium application.

The appellant argued the Deputy Judge erred in statutory interpretation, failed to draw adverse inferences from uncalled witnesses, and failed to consider mitigation and apportionment of liability.

The Divisional Court dismissed the appeal, finding no palpable and overriding errors.

The court also awarded costs to the successful respondent, who was represented by pro bono counsel, on the condition that the respondent provide a written direction that the costs be paid directly to the law firm.