2 total
The court dismissed the plaintiff's appeal, affirming that its proposed amendments to plead a breach of good faith constituted a statute-barred new cause of action.
The court dismissed the appeal by RatesDotCa Group Ltd. (formerly Kanetix Ltd.) from a decision denying leave to further amend its statement of claim to plead that Trader Corporation breached its duty of good faith and honest performance in contractual dealings.
The court found that the proposed amendments raised a new cause of action and a new remedy, both of which were statute-barred under the Limitations Act, 2002.
The court also found no error in the associate judge’s application of the law regarding discoverability and the limitation period.
The appeal was dismissed with costs.
Appeals for 30 and 35-storey waterfront towers dismissed as over-development lacking compatibility with surroundings.
The applicant appealed the City's refusal of applications to amend the Official Plan and Zoning By-law to permit a mixed-use development featuring 30 and 35-storey towers on a waterfront property.
The Tribunal found that while the site is appropriate for intensification and a tall building format, the proposed development represents an over-development of the property.
The Tribunal preferred the evidence of the City and the neighbouring hotel owner that the proposal lacked compatibility with surrounding land uses, failed to provide appropriate transitions to adjacent public parks and streets, and did not adequately address wind impacts and traffic conflicts.
The appeals were dismissed, with the Tribunal noting that substantial redesign and further technical studies are required.
