Gib van Ert

The applicant sought judicial review of the Minister of Public Safety and Emergency Preparedness' decision to refuse an Interim Measures Request (IMR) from the United Nations Human Rights Committee and proceed with the applicant's removal to Somalia.

The applicant, a permanent resident with serious mental health issues and criminal convictions, had been found inadmissible to Canada and subject to a deportation order.

The court addressed justiciability and jurisdiction, finding concurrent jurisdiction between the Ontario Superior Court and Federal Court over Crown prerogative matters.

The court found the Minister's decision reasonable and not requiring reasons, as it involved an exercise of Crown prerogative regarding international treaty obligations that are not binding on Canada domestically.

The defendants brought a motion to withdraw an admission made in their Statement of Defence regarding the plaintiff's entitlement to common law reasonable notice.

The plaintiff opposed the motion and brought a cross-motion to strike portions of the defendants' motion record.

The court applied the three-part test for withdrawing an admission and found that there was a triable issue regarding the enforceability of the termination provision, the admission was made in error, and the withdrawal would not cause non-compensable prejudice to the plaintiff.

The motion to withdraw the admission was granted.

The plaintiff was entitled to costs for the cross-motion, but the court offset these against the defendants' costs for the main motion, ordering each party to bear their own costs.

The applicant brought an application challenging the allegedly unauthorized transfer of an interest in his residential property to his former fiancé, creating a joint tenancy.

The applicant also sought a Certificate of Pending Litigation (CPL).

Following the applicant's death, his estate brought a motion for an Order to Continue the proceeding.

The court granted the Order to Continue and, on consent of the respondent, issued the CPL to preserve the property pending litigation.

This costs endorsement followed a successful motion by the plaintiffs in a landlord-tenant dispute.

The plaintiffs sought approximately $8,200.00 in costs on a partial indemnity basis.

The defendants argued for a reduction based on the plaintiffs' pre-motion conduct and their request for post-decision costs.

Applying Rule 57.01 of the Rules of Civil Procedure and the principles from *Boucher*, the court found the plaintiffs' requested costs reasonable, noting comparable billing rates and hours between the parties' counsel.

The court dismissed the defendants' arguments for reduction and ordered the defendants to pay the plaintiffs $8,200.00 in all-inclusive costs.

The court also confirmed that costs were payable by both corporate and individual defendants.

The plaintiff commercial tenant brought an urgent motion after being locked out of its business premises by the defendant landlord.

The lease required the landlord to provide 30 days' notice before terminating the lease and re-entering the premises.

The court found that a spreadsheet allegedly provided to the tenant did not constitute proper notice under the lease.

The court held that the landlord unlawfully terminated the lease and granted the tenant's motion, ordering the return of items taken from the premises.

The applicant and respondents, who are brothers, are involved in a dispute over the management of their mother's property and competing powers of attorney.

A fourth brother, who is not a party to the application, brought a motion for intervenor status and interim financial assistance, arguing he relied on his mother for financial support and housing.

The court dismissed the motion, finding the proposed intervenor had no legal interest in the subject matter of the application, would not be adversely affected by its outcome, and shared no common questions of law or fact.

Furthermore, adding him as a party two weeks before the scheduled hearing would cause undue delay and prejudice.

The request for interim financial assistance was also dismissed, with costs awarded against the proposed intervenor but deferred against his potential inheritance.