3 total
Addendum issued to correct arithmetic errors in rent overpayment calculations and clarify deposit return.
The court issued an addendum to its previous written reasons to correct an arithmetic error regarding the overpayment of rent and utilities, setting the correct sum at $63,142.18.
The court also ordered the respondent to pay the applicant $4,613.10 for the June 2019 rent overpayment.
The court clarified that the return of the deposit would be decided under the terms of the lease and would not be returned at this point.
Threshold met for physical and psychological injuries following a fatal motor vehicle accident; damages assessed.
The plaintiffs sought damages arising from a motor vehicle accident caused by an impaired driver, which resulted in the death of their infant son and injuries to the mother and two other sons.
Liability was admitted, and the trial proceeded as an assessment of damages.
The court found that the mother's physical and psychological injuries, as well as the psychological injuries of the two surviving sons, met the threshold for permanent serious impairment under the Insurance Act.
The court awarded non-pecuniary damages, past and future income loss, and Family Law Act damages for loss of care, guidance, and companionship.
Appeal allowed; trial judge erred by implying a contract term that contradicted the written payment schedule.
The appellants, a contractor and an intermediary, appealed a Small Claims Court judgment finding them in breach of a home renovation contract and awarding the respondents $9,500.
The trial judge had found the contractor breached the contract by demanding a scheduled installment payment before completing equivalent work.
The Divisional Court allowed the appeal, holding that the trial judge erred by implying a term that contradicted the written payment schedule, which did not require work to be completed before installments were due.
The court also found the damages calculation resulted in a windfall.
The respondents' claim was dismissed, and the appellants' counterclaim was remitted for an assessment of damages.
