Martin Rendl

The plaintiffs brought an action seeking declarations that the defendant, Ashcroft Homes – Eastboro Inc., was not entitled to terminate their agreements of purchase and sale for residential homes.

The plaintiffs argued that the early termination condition (Condition 2 of Schedule U) was contrary to the Tarion Addendum, was invoked untimely, or that Ashcroft breached its obligation to take commercially reasonable steps to satisfy the condition.

The court found that Condition 2 was consistent with the Tarion Addendum, Ashcroft terminated the agreements in a timely manner, and Ashcroft did take all commercially reasonable steps to satisfy the condition.

The action was dismissed.

This application concerned an "orphan lane" in Toronto, a private laneway whose original 19th-century owners were deceased and whose heirs could not be located despite diligent efforts.

The applicant, a corporation formed to acquire the lane and owning all adjacent properties, sought an order under Rule 14.05(3)(e) to vest title of the lane in its name and extinguish any claims from the original owners or their successors.

The City of Toronto was served and did not oppose the application, confirming the lane was private.

The court granted the order, finding that the applicant was the only party with a well-founded claim and that vesting title in the applicant would ensure the lane's maintenance as part of the redevelopment of surrounding properties.