Evan A. Presvelos

The appellants sought to appeal the dismissal of their application challenging outdoor gathering restrictions imposed as public health measures during the COVID-19 pandemic, which was initially dismissed for lack of public interest standing.

The Court of Appeal determined that the underlying application was moot because the challenged regulations were no longer in force.

The court declined to exercise its discretion to hear the appeal regarding Mr. Baber's private interest standing, finding that this issue was also moot and that a decision would not resolve any live controversy or bind future hypothetical challenges.

This is an appeal from a judgment awarding damages in lieu of specific performance for a failed residential real estate transaction.

The appellants (vendors) argued that the respondents (purchasers) were not entitled to specific performance or damages in lieu after accepting the return of their deposit, and that the motion judge used the wrong appraisal date for calculating damages.

The Court of Appeal declined to entertain the deposit argument as it was a new issue on appeal.

However, the Court found that the motion judge erred by not using the actual sale price of the replacement property as the best indication of its value for damages calculation, instead relying on an earlier appraisal.

The appeal was allowed, and the damages awarded to the respondents were reduced from $150,000 to $56,000.

Following a motion for summary judgment where the moving party (defendant) was granted alternate relief permitting the sale of a disputed property, the parties made written submissions on costs.

The court found the moving party was the successful party, as she obtained the primary relief sought regarding the property's sale and successfully proved a disputed agreement was invalid.

The court awarded the moving party costs on a partial indemnity basis, fixed at $26,028.43, and declined the responding party's request to pay the costs from the sale proceeds held in court.

The moving party (defendant) sought summary judgment dismissing the responding party's (plaintiff's) action for a 50% interest in a residential property, or alternatively, an order for partition and sale.

The parties are sisters.

The moving party is the sole registered owner, but the responding party resides in the property and claims a beneficial interest based on an alleged written agreement.

The court found the alleged agreement to be invalid and likely forged, relying on expert handwriting evidence and factual inconsistencies.

However, the court concluded a trial was necessary to determine if the responding party had any monetary claim to the property's proceeds based on her financial contributions.

The court ordered the property sold, with 50% of the net proceeds paid to the moving party and the remaining 50% paid into court pending trial.

This case involved an application and cross-application concerning a commercial lease dispute.

The tenant, 2324702 Ontario Inc. (Remix), sought a declaration that its lease was in full force and effect and had been validly renewed.

The landlord, 1305 Dundas W Inc., sought termination of the lease and possession.

The court granted Remix relief from forfeiture for a single instance of non-payment of rent, finding the breach not grave and the landlord suffered no damages.

However, the court found that Remix failed to properly exercise its option to renew the lease, as its communications were equivocal and conditional, not a clear and unequivocal notice.

The court also rejected arguments of waiver and estoppel regarding the renewal.

Additionally, the court applied estoppel against the landlord, preventing it from retroactively claiming increased realty taxes based on a strict lease provision, due to its prior conduct of adopting the previous landlord's calculation method.

Ultimately, the lease was declared expired, and Remix was ordered to vacate the premises within 60 days, while also being ordered to pay outstanding rent increases and a reasonably allocated share of realty taxes.