David Sanders

The applicants' application regarding a fence dispute was dismissed.

The respondents sought costs on a full indemnity basis of approximately $41,000, arguing the litigation was trivial and driven by the applicants' self-centered obsessiveness.

The applicants sought their own costs of approximately $19,000, arguing they achieved partial success because the respondents removed an encroaching fence after the application was commenced.

The court agreed the litigation was largely unnecessary but acknowledged the applicants' limited success regarding the removed fence.

The court ordered the applicants to pay the respondents $25,000 in costs inclusive of HST and disbursements.

The defendants brought a motion to set aside an ex parte order granting a Certificate of Pending Litigation (CPL) against their current residence and to discharge the CPL.

The plaintiff contractor had performed work on the defendants' cottage but failed to perfect a lien under the Construction Lien Act.

After the defendants sold the cottage and used the proceeds to buy a new home, the plaintiff obtained a CPL on the new home, claiming an equitable interest.

The court discharged the CPL, finding that the plaintiff failed to make full and fair disclosure on the ex parte motion, did not have a reasonable claim to an interest in the land, and was improperly attempting to revive expired lien rights, which would subvert the Construction Lien Act.

The plaintiffs brought an action for damages for breach of a verbal contract regarding the extraction of aggregate from their gravel pit.

The defendants argued the claim was barred by the Limitations Act, 2002 and the doctrine of laches, asserting a 30-day payment term triggered the limitation period years prior.

The court rejected this defence, finding the agreement was for payment 'when paid,' creating a running balance.

The court granted judgment for the unpaid extractions against the corporate defendant but refused to pierce the corporate veil to hold the individual director personally liable.

A small set-off was granted for the defendants' counterclaim.