Daniel Patrick Murphy

The appellant appealed a decision of the Committee of Adjustment that approved minor variances for density, parking, and bicycle spaces to permit an additional residential unit in an apartment building under construction, but imposed a condition requiring a perimeter fence.

The Ontario Land Tribunal found that the variances met the four tests under s. 45(1) of the Planning Act, as they supported residential intensification and maintained the intent of the Official Plan and Zoning By-law.

The Tribunal also found no plausible explanation for the fence condition, as the exterior of the building was already completed.

The appeal was allowed, the variances were authorized, and the fence condition was waived.

The plaintiff was injured in a motor vehicle collision when the defendant driver failed to yield the right-of-way at an intersection.

The plaintiff suffered a mild traumatic brain injury, depression, and chronic pain, which substantially interfered with her employment and daily life.

The court found the defendant driver fully liable and his employer vicariously liable.

The court held that the plaintiff's injuries met the statutory threshold for non-pecuniary damages and awarded $100,000 in general damages, $50,000 for loss of competitive advantage, and $45,000 in Family Law Act damages.

The court also discharged the jury due to inflammatory opening statements by defence counsel.