Emerson H. Wargel

The appellant appealed from a motion judge's order dismissing her wrongful dismissal claim.

The motion judge dismissed the claim on two independent grounds: first, that the Superior Court lacked jurisdiction because the claim arose from the interpretation and application of a collective agreement; and second, that the claim was statute-barred under the Limitations Act, 2002.

The Court of Appeal dismissed the appeal on the limitation period issue alone, finding that although the appellant's claim was discoverable in late April or mid-May 2020, limitation periods were suspended due to the COVID-19 pandemic until September 14, 2020.

The two-year limitation period therefore commenced on September 14, 2020, and expired on September 14, 2022.

The appellant commenced her claim on October 27, 2022, which was outside the limitation period.

The applicant sought a declaration that she owned a narrow strip of land (approximately 7 feet by 41 feet) located behind the respondents' garage through adverse possession.

The applicant claimed to have adversely possessed the strip between 1998 and 2008, prior to the conversion of the property to Ontario's land titles system.

The court found that the applicant failed to establish the requisite elements of adverse possession, including actual possession, intent to exclude the true owners, and effective exclusion.

The court dismissed the application and granted the respondents' cross-application for an order requiring the applicant to remove her trailer and detritus from the strip and cease trespassing.

The applicant was ordered to pay partial indemnity costs of $10,000.

The Town of Wasaga Beach applied for an interlocutory injunction to restrain Lake Simcoe Jet Ski Rentals from operating a business without a licence in contravention of municipal By-law 2019-26.

The respondent's business licence was revoked on July 3, 2025, but the respondent continued operations, claiming it no longer carried on business within the Town's jurisdiction.

The respondent argued its operations were limited to the Nottawasaga River and Georgian Bay, which are federally regulated waterways beyond municipal jurisdiction.

The court found that the respondent carried on business partly within the Town, as renters accessed the dock via property at 72 Main Street, Wasaga Beach, and the Town's geographic limits extend to the middle of the river under the Territorial Division Act, 2002.

The court granted the interlocutory injunction, finding a strong prima facie case of by-law breach with no exceptional circumstances warranting denial.

The applicants sought to quash licensing by-laws enacted by the Township of Tiny to restrict short-term rentals (STRs), arguing the by-laws were a disguised zoning by-law and ultra vires the Municipal Act.

The Court found the by-laws were a valid exercise of municipal authority, rationally connected to legitimate objectives such as health, safety, and consumer protection, and not a disguised zoning by-law.

The application was dismissed.

The plaintiff, Royal Bank of Canada, sought summary judgment against Precision Markings Inc. and Isabell Helene Sickinger for a liquidated debt under a 2018 loan agreement.

Precision admitted liability, but Ms. Sickinger disputed personal liability, raising the defence of non est factum.

The court found no genuine issue for trial, holding that Ms. Sickinger was not misled and was not entitled to rely on non est factum, given her experience and the clarity of the agreement.

Judgment was granted in favour of the plaintiff for $212,421.80 plus interest.