Christopher Afonso

The defendants, Toronto Hydro and the City of Toronto, sought leave to issue third-party claims against the plaintiffs (a building owner and two tenants) and various former owners and property managers for contribution and indemnity following a fire in a hydro vault.

The plaintiffs opposed the motions, arguing that covenants to insure in their leases shielded them from liability to each other, rendering the third-party claims legally untenable under the Supreme Court's decisions in T. Eaton Co. and Giffels.

The court granted leave in part, allowing claims against parties in capacities not shielded by the insurance covenants (e.g., former owners, property managers), but dismissed the motions regarding claims against the landlord and tenant in their capacities governed by the leases.

The court also rejected the argument that covenants to insure should be treated as exclusion clauses subject to public policy exceptions.

The plaintiffs, investors in syndicated mortgages, brought a motion to amend their Statement of Claim to explicitly plead fraud and conspiracy against the defendant appraisers.

The defendants opposed the amendments, arguing they introduced new causes of action after the expiry of the limitation period.

The court granted leave to amend, finding that while the original pleading was minimalist, the material facts of intentionality and collusion were already present, meaning the amendments merely embellished existing claims rather than introducing new, time-barred ones.

The plaintiffs were also permitted to discontinue their claims against several other defendants without costs.

The plaintiffs loaned money secured by a mortgage, allegedly relying on a property appraisal prepared by the defendant.

The borrower defaulted immediately, and the property was eventually sold at a loss.

The plaintiffs sued the defendant appraiser for negligence and breach of contract.

The defendant brought a motion for summary judgment, arguing the action was commenced beyond the two-year limitation period.

The court granted the motion and dismissed the action, finding the plaintiffs knew they would suffer a loss and had sufficient facts to sue more than two years before commencing the claim.