Who is F.A. McFarlane?

F.A. McFarlane is an Ontario lawyer with 3 court cases on record from 2015 to 2015.

What courts has F.A. McFarlane appeared in?

F.A. McFarlane has appeared in Superior Court of Justice.

How many cases has F.A. McFarlane handled?

F.A. McFarlane has 3 cases on record from 2015 to 2015.

What judges has F.A. McFarlane appeared before?

F.A. McFarlane has most frequently appeared before Justice E.A. Quinlan, Justice Quinlan.

F.A. McFarlane

3 total

Simcoe Condominium Corporation No. 89 v. Dominelli, 2015 ONSC 5052

Following an earlier costs endorsement, the respondents objected to the applicant’s reply submissions, arguing they exceeded the page limit set by the court and should be ruled inadmissible.

The court determined that the reply submissions were proper reply and therefore admissible, but accepted that the applicant’s non‑compliance with the page limit affected the costs incurred.

As a result, the court reduced the costs attributable to the reply submissions.

The court varied the earlier costs endorsement and ordered the respondents to pay a reduced amount in costs to the applicant.

SCJAug 10, 2015

Respondent Counsel

Simcoe Condominium Corporation No. 89 v. Dominelli et al., 2015 ONSC 4474

Following a successful condominium compliance application requiring the removal of a dog exceeding the condominium corporation’s weight restriction, the court determined the appropriate costs award.

The respondents had argued the dog was required as a therapy animal and alleged discrimination under the Human Rights Code, but failed to establish a prima facie case.

Applying s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court emphasized fairness and reasonableness in fixing costs.

The court held that full indemnity costs are generally appropriate in condominium compliance proceedings to avoid shifting enforcement costs onto innocent unit owners.

The respondents were ordered to pay $47,000 in costs jointly and severally, recoverable as common expenses and enforceable as a lien against the condominium unit if unpaid.

SCJJul 13, 2015

Respondent Counsel

Simcoe Condominium Corporation No. 89 v. Dominelli, 2015 ONSC 3661

The applicant condominium corporation sought an order requiring the respondents to permanently remove a dog weighing over 25 pounds from their unit, in compliance with the condominium's rules.

The respondents argued the dog was a service/therapy dog required for the respondent's mental disability and sought accommodation under the Human Rights Code.

The court found the respondents failed to establish a disability within the meaning of the Code, as the medical evidence only cited stress and lacked a specific diagnosis.

The court ordered the removal of the dog and declared the applicant had not discriminated against the respondents.

Respondent Counsel