Conner Harris

The appellant appealed a decision of the Landlord and Tenant Board terminating her tenancy under s. 93 of the Residential Tenancies Act, 2006, on the basis that she occupied a superintendent's premises.

The appellant argued the Board erred in law by refusing to hear certain evidence, reversing the burden of proof, and finding the informal arrangement justified termination.

The Divisional Court dismissed the appeal, finding no errors of law and noting that appeals from the Board are restricted to questions of law.

The defendants brought a motion for summary judgment dismissing an action alleging environmental contamination of the plaintiff’s property by petroleum hydrocarbons migrating from a neighbouring former gas station site.

The defendants argued the claim was statute‑barred under the Limitations Act because it was commenced more than two years after the claim was discoverable.

The court held that the plaintiff knew or ought reasonably to have known of the material facts supporting a claim by March 2012 through environmental investigations conducted during its due diligence period.

The later Phase II environmental report merely confirmed suspicions already known.

The court also rejected the argument that ongoing contamination constituted continuing damage that created a new limitation period due to lack of evidence of fresh damages.

Summary judgment was granted dismissing the action as out of time.