2 total
Motion for leave to appeal TLAB severance decision dismissed as issues were primarily factual.
The moving party sought leave to appeal three decisions of the Toronto Local Appeal Body (TLAB) regarding a lot severance and zoning variances.
The Divisional Court dismissed the motion, finding that most of the proposed issues were questions of mixed fact and law.
The one potential question of law regarding the interpretation of s. 51(24) of the Planning Act did not raise good reason to doubt the correctness of the TLAB's decision.
Costs of $8,000 were awarded to the respondent property owner, but no costs were awarded to the TLAB, which had unnecessarily participated in the motion contrary to a case management direction.
The court held a corporation liable for unpaid website development fees and its director liable under a personal guarantee, but dismissed unpleaded claims for fraud and copyright infringement.
The plaintiff, Infinite Media Ltd., sued remBrand Sports Inc. and its president, Al Steele, for breach of a Master Sales Agreement (MSA), a promissory note, and a personal guarantee related to website development services.
Infinite sought outstanding principal, interest, future payments, administrative fees, legal fees, and damages for copyright infringement and punitive damages.
The defendants acknowledged liability for the principal under the note and guarantee but disputed other claims, arguing service termination and challenging personal liability for future payments.
The court found remBrand liable for outstanding principal, future payments, administrative expenses, and legal fees, and Steele jointly and severally liable for the principal, administrative expenses, and legal fees under the guarantee.
However, the court rejected Infinite's claims for a higher contractual interest rate on the note, personal liability of Steele for future payments, copyright infringement, and punitive damages due to lack of evidence and improper pleading.
