David W. Levangie

The respondents brought a motion to stay the applicant's oppression application, arguing the dispute was subject to arbitration clauses in the parties' unanimous shareholders' agreement and partnership agreement.

The applicant argued the dispute arose solely under a separate control agreement that lacked an arbitration clause.

Applying the competence-competence principle, the court found an arguable case that the dispute fell within the scope of the arbitration agreements and granted the stay, referring the matter to an arbitral tribunal to determine its jurisdiction.

The plaintiff sought costs of $89,304.86 on a partial indemnity basis following a successful motion for declaratory relief regarding an easement over the defendant's property.

The defendant argued for each party to bear its own costs due to divided success, or alternatively, a reduced amount.

The court rejected the divided success argument, finding the plaintiff was the successful party, but reduced the costs award to $45,000 all inclusive, finding the plaintiff's claim excessive and noting the abandoned claim against the municipality.

The plaintiff Medical Centre and defendant JD Development owned abutting properties subject to a system of easements.

Both submitted redevelopment site plans to the City of Markham.

The Medical Centre's plan relied on paving an easement over JD Development's property for vehicular access, while JD Development's plan showed the easement as partially sodded, which would block vehicular access.

The Medical Centre brought a motion for declarations regarding its right to use and pave the easement.

JD Development argued the Local Planning Appeal Tribunal (LPAT) had exclusive jurisdiction.

The Superior Court held it had jurisdiction to determine property rights, declared the Medical Centre had the right to use the easement for vehicular traffic and to pave it at its own expense, but declined to order JD Development to amend its site plan.