Caryma Sa’d

At an initial case conference for a proposed class action, counsel agreed on a timetable leading up to the certification motion.

The court endorsed the agreed schedule, setting the certification motion for September 9, 2021.

The applicant, a residential tenant living above an unlicensed cannabis retail store, brought an application under section 18(4) of the Cannabis Control Act to lift an interim closure order that barred entry to the entire premises.

The premises had been repeatedly closed by law enforcement due to illegal cannabis sales, but the operators continually breached the closures.

The court dismissed the application, finding the applicant failed to satisfy the burden of proving that, if access were granted, the premises would not continue to be used for illegal cannabis sales with the landlord's permission.

The plaintiff mortgagee commenced an action against the mortgagor for a defaulted mortgage.

Upon discovering the mortgagor's spouse resided in the property, the plaintiff added the spouse to the claim to preserve any potential possessory rights under the Family Law Act.

The spouse brought a motion to dismiss the action against him, confirming he had permanently renounced all possessory rights in a prior separation agreement.

The court granted the motion and dismissed the action against the spouse, with no order as to costs.