Colin Bondy

The applicant municipality brought an application for an injunction to restrain the respondent from growing cannabis on his property in contravention of municipal by-laws.

The respondent brought a motion to stay the application, arguing that the Normal Farm Practices Protection Board had exclusive jurisdiction to determine whether his cannabis cultivation was a 'normal farm practice'.

The court dismissed the motion for a stay, finding that the Board's jurisdiction is limited to issues of disturbance and does not extend to broad land-use planning and zoning by-law compliance, which form the core of the municipality's application.

Following the dismissal of the defendants' motions for summary judgment, the successful plaintiff sought costs of $11,000.

The Condominium defendants argued that costs should not be awarded due to pleading deficiencies or should be in the cause.

The court found that this case fell within the exceptional class of cases where costs in the cause is warranted, as the merits were yet to be adjudicated and the motion materials would be useful at trial.

Costs were ordered in the cause.

The plaintiffs brought a motion for a status hearing and timetable, while the defendants brought a cross-motion to dismiss the 2013 action for delay.

The plaintiffs' former counsel, who were suspended by the Law Society, caused significant delay and misled the plaintiffs.

The court found the plaintiffs had an acceptable explanation for the delay.

However, the court found the defendants would suffer non-compensable prejudice because the plaintiffs' former counsel lost the majority of the relevant documents, making complete documentary disclosure impossible.

The action was dismissed for delay.

The plaintiff, acting under an assignment from a trustee in bankruptcy, brought a partial summary judgment motion against the defendants for amounts allegedly owing on a shareholder loan account to the bankrupt company.

The defendants argued the loan was offset by payments made to creditors and unpaid wages.

The court rejected most of the defendants' evidence as lacking documentary support and found that payments made after bankruptcy could not be credited.

The court granted partial summary judgment for $161,724.75, finding no genuine issue for trial on that amount, while leaving the remaining $57,590.25 for trial.

The Attorney General of Ontario applied for civil forfeiture of $18,550 CAD and $930 USD seized from the respondent during a traffic stop.

The respondent, who was driving his uncle's vehicle, was found in possession of a small amount of marijuana and a large quantity of bundled cash.

The court admitted the expert evidence of one police officer regarding drug trafficking indicia despite a missing Form 53 affidavit, but excluded another officer's evidence.

The court rejected the respondent's explanation that the cash was savings for a music business, finding the currency was likely the proceeds and instrument of drug trafficking.

The forfeiture application was granted, and the respondent was ordered to pay $2,000 in costs.