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Tribunal approved Procedural Order and scheduled a 5-day merit hearing for subdivision appeals.
The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Eden Oak (Raglan) Inc. for a proposed plan of subdivision and zoning by-law amendment in the Town of Collingwood.
The Tribunal approved the draft Procedural Order and Issues List on consent of the parties.
A five-day merit hearing was scheduled to commence by video on July 24, 2023.
Participant status granted on consent and one-day video hearing scheduled for subdivision appeals.
The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Eden Oak (Raglan) Inc. for a proposed residential subdivision in the Town of Collingwood.
The Tribunal granted participant status to seven individuals on consent of the parties.
A one-day video hearing was scheduled for February 21, 2023.
Leave to amend pleadings granted, but motion for certificates of pending litigation dismissed for insufficient evidence.
The plaintiffs, unpaid contractors on a home building project, brought a motion in two related actions for four orders: to transfer one action from Toronto to Newmarket, to amend their statements of claim to add defendants and allege fraudulent conveyances, to register certificates of pending litigation (CPLs) on the impugned properties, and for summary judgment against the corporate builder.
The court granted the venue transfer and summary judgment on consent.
The court also granted leave to amend the pleadings, finding no non-compensable prejudice to the defendants.
However, the court dismissed the motion for CPLs, concluding that the plaintiffs' evidence regarding the fair market value of the properties was methodologically flawed and failed to establish a prima facie case of intent to defeat creditors.
