Frédérick Beaucage

The court dismissed T.C.O. Agromart Ltd.'s claim against Sutton Farms (Nacona) Ltd. for damages arising from the collapse of a private farm bridge under the weight of a crop sprayer.

The court found that the accident was caused by the driver inadvertently steering the sprayer onto an unsupported overhang, not by any breach of the duty of care by Sutton Farms.

The bridge had been used safely for decades by experienced operators, and the risk of such an accident was not reasonably foreseeable.

The court also provided a detailed analysis of damages, but found no liability.

The applicant sought a finding that the respondent condominium corporation failed to meet its repair obligations under the Condominium Act, acted oppressively, and sought damages.

A leak in the applicant's unit, originating from a common element mechanical room, remained unrepaired for over two years.

The court found the respondent acted unreasonably in investigating and repairing the leak, causing significant delay.

However, the court dismissed the oppression claim, finding no evidence of unfair conduct or bad faith.

Damages were awarded for the applicant's wasted expenses from being unable to reside in the unit, and full indemnity costs were granted to the applicant based on the interpretation of "costs incurred" under the Condominium Act.