James B. Davidson

The Ontario Land Tribunal held a first Case Management Conference regarding 39 appeals of the City of Toronto's Official Plan Amendment No. 525 and associated zoning by-law amendments, which adopted a new secondary plan for the King-Parliament area.

The Tribunal addressed administrative matters including the withdrawal of certain appeals, the substitution of new property owners for existing appeals, and the splitting of an appeal.

The Tribunal also granted party status to two landowners.

A second Case Management Conference was scheduled for May 19, 2022, to establish a Procedural Order and issues list, and to allow parties time for mediation and settlement discussions.

The Tribunal held a third Case Management Conference regarding an appeal of the City's failure to make a decision on a zoning by-law amendment application.

The parties advised they were confident of a settlement.

The Tribunal scheduled a one-day settlement hearing, amended dates in the Procedural Order, and released 10 days from the previously scheduled 15-day hearing.

The appellant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application for a property on Queen Street West.

The Ontario Land Tribunal held a Case Management Conference where it granted participant status to an adjacent landowner on consent.

The Tribunal also approved the draft Procedural Order and Issues List and scheduled a five-day video hearing for November 2021.

The applicant sought statutory accident benefits following a motor vehicle accident.

The insurer determined the injuries fell within the Minor Injury Guideline (MIG) and denied a physiotherapy treatment plan and certain expenses.

The applicant applied to the Licence Appeal Tribunal, arguing her injuries fell outside the MIG due to pre-existing conditions and chronic pain, and sought an award for unreasonable delay.

The Tribunal found the application was not statute-barred but concluded the applicant's injuries were minor and subject to the MIG limit.

The Tribunal dismissed the claims for the treatment plan, expenses, and the section 10 award, finding the insurer did not act unreasonably.

The defendant Saad Amjad, a G1 driver, caused a motor vehicle accident injuring plaintiffs Jonathan Caithesan and Christo Delina.

Their respective insurers, Dominion General Insurance Company and Royal & Sun Alliance Insurance Company of Canada, settled the claims and then brought motions for summary judgment on their cross-claims against Amjad for recovery of the settlement payments.

The court found Amjad negligent in operating the vehicle and that the settled damages were reasonable.

The court dismissed Amjad's defence of contributory negligence by the passengers, finding that passenger knowledge of an inexperienced driver or influence to take a car does not constitute contributory negligence.

Summary judgment was granted in favour of both insurance companies against Amjad.

The defendant insurer sought leave to appeal a motion judge's refusal to grant summary judgment in an action arising from a motor vehicle accident allegedly caused by an unidentified driver.

The motion judge had concluded that credibility issues prevented summary judgment and that a mini-trial was inappropriate.

The Divisional Court dismissed the motion for leave to appeal, finding no error in principle, no conflicting case law, and no reason to doubt the correctness of the motion judge's discretionary decision.