Who is Donald Lamont?

Donald Lamont has a minicounsel lawyer profile with 3 linked court cases from 2000 to 2018.

What courts has Donald Lamont appeared in?

Donald Lamont has appeared in Court of Appeal for Ontario, Superior Court of Justice, with most appearances at the Court of Appeal for Ontario.

How many cases has Donald Lamont handled?

Donald Lamont has 3 cases on record from 2000 to 2018.

What judges has Donald Lamont appeared before?

Donald Lamont has most frequently appeared before Justice David H. Doherty, Justice Eileen E. Gillese, Justice Heather A. McArthur.

Donald Lamont

3 total

DL

Donald Lamont

3 cases2000–2018

HM

Heather A. McArthur

SCJ89 cases2012–2026

SCJMay 9, 2018

Vesting order to sever properties denied without prejudice due to insufficient evidence on Planning Act conflict.

The applicants sought a vesting order to rectify a 28-year-old mistake made during the settlement of their father's estate, which resulted in them holding three merged properties as tenants in common rather than separately.

The applicants had previously been denied a technical severance by the City's Committee of Adjustment.

The court dismissed the application without prejudice, holding that while it has jurisdiction to grant a vesting order that contravenes the Planning Act, it must exercise caution.

The court found there was insufficient evidence regarding the City's concerns and directed that any future application must include notice to the City.

Nobrega and Elder v. Trustees of the Estate of M. Gasparovich, 2018 ONSC 2901

Applicant Counsel

DL

Appeal on merits dismissed but costs order set aside; estate to bear costs of accounting.

The appellants appealed a trial judge's decision regarding the administration of an estate and the associated costs order.

The Court of Appeal dismissed the appeal on the merits, finding no basis to interfere with the trial judge's assessment of credibility and expert evidence.

However, the Court granted leave to appeal the costs order and set it aside.

The Court held that beneficiaries are entitled to an accounting of an estate's assets, and because the estate had not been fully administered, the costs of the trial of an issue should be borne by the estate on a solicitor-and-client basis.

Success being divided, no costs were awarded for the appeal.

Mitchell v. Mitchell 2003 OCA mini 173

Applicant Counsel

MF

Michael E. Fitton

2 cases2000–2006

JL

Jonathan F. Lancaster

39 cases2000–2024

DL

Donald Lamont

3 cases2000–2018

Kathryn N. Feldman

OCA2,633 cases2000–2024

JC

James J. Carthy

OCA348 cases2000–2003

David H. Doherty

OCA2,869 cases2000–2024

OCAFeb 25, 2000

Delay and waiver extinguished the equitable option arising from the right of first refusal.

The appellants challenged a declaration concerning the expiry of a registered right of first refusal over real property.

The Court of Appeal held that a right of first refusal is initially a personal contractual right, but converts into an equitable option when the owner receives an acceptable offer.

Once the appellants learned of the 1988 sale made in breach of that right, they were required to pursue specific performance promptly if they wished to preserve their equitable interest.

Their ten-year inaction, coupled with evidence of waiver, extinguished any equitable interest before the later purchaser acquired rights under the 1998 agreement of purchase and sale.

The appeal was dismissed, with no costs.