Gary Caplan

The plaintiff mortgagee sought to take possession of the mortgaged property through self-help after the defendants defaulted on the mortgage.

The defendants brought a motion for a mandatory order restoring possession, arguing the plaintiff did not take possession peaceably.

The court found that while the property was not fully resided in, it was not abandoned, and the plaintiff should have given the defendants time to remove their possessions.

The court granted the defendants 30 days to vacate the property, after which the plaintiff is entitled to take physical possession.

The applicants, six individuals with ongoing litigation against the respondent, brought an application under s. 140 of the Courts of Justice Act to declare the respondent a vexatious litigant and stay all her proceedings.

The respondent had initiated over 50 proceedings, many involving allegations of sexual assault and defamation against former romantic partners.

Despite finding that the respondent exhibited many badges of vexatious conduct, the court dismissed the application, emphasizing the importance of allowing civil claims of sexual assault to be adjudicated on their merits rather than being summarily stayed.

The applicant condominium owners sought a declaration that the respondent condominium corporation had no lawful right to charge back the cost of repairs resulting from a water leak in their unit.

The leak occurred from a toilet while the owners were away for five months.

The court found that the owners committed an omission by failing to properly maintain the toilet and retain a plumber after a previous malfunction, and by failing to shut off the water during their prolonged absence.

The application was dismissed, and the owners were held liable for the repair costs up to the insurance deductible.

In a case management endorsement, the court clarified that one of the actions involving the Chahals had already been dismissed, negating the need for a separate order.

The court also approved a draft order prepared by counsel for Mr. Sloan, rejecting the self-represented defendant's draft as a continuation of her contemptuous response to a previous order.

The deadline for submitting agenda items for the upcoming case management conference was extended.

The self-represented moving party, previously declared a vexatious litigant, was found in contempt of court and sentenced to a brief period of incarceration.

She sought to appeal the contempt finding but was advised by the Court of Appeal that she required permission from the Superior Court.

The case management judge granted her permission to appeal the contempt finding and custodial sentence, dispensing with the requirement to apply for leave under s. 140(3) of the Courts of Justice Act, noting that her liberty interest was engaged and the appearance of justice required she be permitted to appeal.