Jacob Damstra

The applicant developer sought to enforce a cost sharing provision in a 1975 subdivision agreement against the respondent municipality, arguing the municipality was required to collect a proportionate share of servicing costs from a new adjacent development.

The court dismissed the application, finding that the cost sharing obligation was only triggered if the new development connected to or benefited from the installed services, which it did not.

The court also dismissed the applicant's alternative claim for unjust enrichment, holding that the subdivision agreement provided a juristic reason for the municipality's benefit.

The appellants, Trafalgar Insurance and Economical Insurance, appealed an arbitrator's decision in a priority dispute regarding statutory accident benefits.

The arbitrator had found that Arch Insurance was not the insurer of the vehicle involved in the accident because the vehicle was not owned or leased by Arch's named insured, despite being mistakenly listed on a fleet schedule.

The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error or error of law in the arbitrator's conclusion that the vehicle did not qualify as a 'described vehicle' under the OPCF 21A endorsement.

A related costs appeal was also dismissed as premature.