Howden

The plaintiffs purchased lots in an industrial subdivision and sued the municipality for negligent misrepresentation, alleging they relied on a letter from the building director indicating building permits would be available.

The plaintiffs claimed the letter failed to disclose that the Ministry of the Environment required a section 45 approval before permits could issue.

The Superior Court of Justice dismissed the action, finding that the letter was not misleading and that the plaintiffs failed to read the subdivision agreement, which explicitly stated the requirement for environmental approval.

The court also held that the action was statute-barred as the plaintiffs ought to have discovered the material facts more than six years before commencing the lawsuit.

The Attorney General of Ontario sought leave to appeal an interlocutory order dismissing a motion for the interim preservation of over $4 million under the Civil Remedies Act.

The funds were the proceeds of the sale of a commercial property previously housing an illegal marijuana grow operation and later leased to a company involved in a stock fraud scheme.

The court found no reason to doubt the correctness of the motion judge's finding that there were no reasonable grounds to believe the property was an instrument of unlawful activity.

Leave to appeal was denied.

The plaintiff contractor sued the defendant homeowners for unpaid progress payments and extras on a home renovation project.

The defendants counterclaimed for the cost of completing the work, correcting deficiencies, and delay damages, alleging the plaintiff abandoned the job.

The court found that the defendants breached the contract by refusing to pay a progress invoice and failing to negotiate reasonably.

The court awarded the plaintiff $19,978, calculated by taking the balance owed on the contract and extras, less credits to the defendants for incomplete and deficient work.

The plaintiffs, creditors of the bankrupt defendant, brought an action to set aside the conveyances of multiple real properties as fraudulent.

The defendant had transferred the properties to related individuals and shell corporations for nominal consideration shortly after defaulting on a business loan.

The court found that the defendant engaged in a pattern of dishonest conduct, including forging documents and manipulating trust declarations, to shield her assets from creditors.

Applying the balance of probabilities standard, the court held that the conveyances were fraudulent and void under the Fraudulent Conveyances Act.

The properties were ordered to be sold with proceeds distributed to the plaintiffs and the bankruptcy trustee.

The plaintiff subcontractor brought a construction lien action against the defendant general contractor for unpaid contract amounts and extras on a school renovation project.

The defendant argued that no amounts were due under the contract's 'pay when paid' provisions and claimed back-charges for uncompleted work and a PST credit.

The court held that the Construction Lien Act supersedes the contract's payment terms.

The court allowed most of the plaintiff's claims for extras, dismissed the defendant's claim for a PST credit, but allowed the defendant's back-charge for uncompleted brickwork.

The plaintiff was awarded a net judgment of $27,450.95.

The Township of Oro-Medonte brought an application for a declaration that a strip of waterfront land known as Lake Shore Promenade, shown on a 1914 plan of subdivision, was a public highway owned by the municipality.

The respondent abutting lot owners argued that the land was not a public highway and claimed possessory title through adverse possession, having maintained the land and built shore-related structures on it for decades.

The court held that while the original owner intended to dedicate the land as a public highway, the Township's acceptance of it as such was void because the land did not meet the statutory width requirements for a highway in 1914.

Instead, the land was held by the Township in trust for the public as an access way and lakeside park.

The court further held that municipally owned land held for public benefit is immune from adverse possession claims, and in any event, the respondents failed to establish exclusive and adverse possession.

However, the court found a prima facie case that the doctrine of laches could apply to prevent the Township from removing existing shore-related structures due to its long-standing acquiescence, and directed a trial on that issue.

The plaintiff drywall contractor brought a construction lien action against the defendant homeowner for unpaid work and extras on a custom home project.

The parties disputed the contract price, whether certain work constituted extras, alleged cash payments, and back-charges for incomplete work and mold remediation.

The court found the defendant fundamentally breached the contract by failing to pay and denying the plaintiff access to the site.

The court awarded the plaintiff $78,262.50 plus partial GST, allowing some claims for extras while crediting the defendant for incomplete work, and dismissed the defendant's claims regarding cash payments and mold remediation.

Following the dismissal of the plaintiff's personal injury action arising from a bicycle accident allegedly caused by the defendants' dog, the defendants sought substantial indemnity costs of over $294,000.

The court rejected the request for substantial indemnity costs, finding that the defendants' settlement offers lacked a substantive element of compromise and the plaintiff's conduct was not reprehensible.

Furthermore, the court reduced the defendants' partial indemnity costs by 40% to penalize their counsel's failure to disclose surveillance evidence, veterinary records, and other documents prior to trial, which undermined the policy of early settlement and full disclosure.