2 total
Tax Application granted
Loblaw Properties sought to declare the Town of Smiths Falls' right to repurchase a land parcel void or unconscionable, arguing it failed to develop the property within the prescribed four-year period.
The Town cross-applied to affirm and enforce its right and correct registration errors.
The court found the Town's right to be a valid equitable interest binding Loblaw, which had full notice of the condition.
The court dismissed Loblaw's arguments regarding uncertainty, penal nature, and unconscionability, noting Loblaw's sophistication and failure to provide proper valuation evidence.
Loblaw's application was dismissed, and the Town's cross-application was granted, including declarations and rectification of the title register.
Appeal of arbitration decision denying statutory accident benefits dismissed due to lack of supporting medical evidence.
The appellant appealed an arbitration decision denying his claims for statutory accident benefits, including housekeeping, medication, chiropractic expenses, a whirlpool spa, and weekly income benefits, as well as a special award and arbitration expenses.
The Director's Delegate dismissed the appeal, finding no unfairness in the arbitration process and agreeing with the arbitrator that there was insufficient medical evidence to support the appellant's claims.
The Delegate also confirmed that business losses and replacement labour costs are not payable as weekly income benefits or rehabilitation expenses under the Schedule.
No appeal expenses were awarded to either party.
