James H. Cooke

The moving party brought a motion for directions concerning a February 21, 2025 order of Justice Rady, seeking clarification on whether the order was final or interlocutory and the proper route of appeal.

The moving party contended the order was final and that jurisdiction lay with the Court of Appeal for Ontario.

The responding parties agreed with this position.

The Court dismissed the motion, holding that parties cannot confer jurisdiction by agreement, but that where jurisdiction is not contested, the appeal should proceed in the normal course without requiring an advance motion for a positive finding on jurisdiction.

The Court noted that jurisdiction is ultimately a matter for the panel hearing the appeal.

The plaintiffs brought an action for damages arising from the flooding of their greenhouse, alleging the defendants negligently altered their adjacent property and caused the flood.

The parties had previously entered into Minutes of Settlement regarding the dispute, which the defendants subsequently breached by failing to construct a berm.

The court held that the plaintiffs could not rescind the settlement to resurrect their tort claim, as they had contracted it away.

Furthermore, the court found the plaintiffs failed to prove on a balance of probabilities that the defendants caused the flooding.

However, the court granted a declaration that the defendants breached the Minutes of Settlement, entitling the plaintiffs to damages for that breach.

The applicant sought to set aside an arbitration award regarding a real estate commission dispute on the basis that the arbitration committee provided no reasons for its decision.

The court found that the total absence of reasons violated section 38 of the Arbitration Act and common law requirements.

Because there was no record of the arbitration proceedings and no assurance the committee members could recall their reasoning, the court declined to remit the matter back to the committee and instead set aside the award.