Jeffrey D. Gray

On a summary judgment motion arising from a failed real estate transaction, the court held that the purchaser breached an unconditional agreement of purchase and sale by failing to close.

Alleged misrepresentations concerning the feasibility of underground parking did not raise a genuine issue requiring a trial because the evidence showed any assurances came from the purchaser's own agent, not the vendor.

The court held the $100,000 payment was a true deposit, not merely part payment of the purchase price, and was therefore forfeitable upon the purchaser's default.

Relief from forfeiture was denied because the deposit, amounting to 6.67% of the purchase price, was not unconscionable.

Summary judgment was granted and the brokerage was ordered to release the deposit to the vendor.

Following a preliminary issue hearing where the applicant's claim for statutory accident benefits was dismissed as statute-barred, the insurer sought its expenses.

The arbitrator found that the insurer was entirely successful and that its conduct did not prolong or hinder the proceeding.

The applicant was ordered to pay the insurer's expenses, fixed at $3,474.36 based on the legal aid rate, as the insurer was not an 'insured person' entitled to the higher maximum hourly rate under the Dispute Resolution Practice Code.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

The insurer refused to pay the benefits, citing the applicant's failure to provide required information and medical reports indicating he did not suffer a substantial inability to engage in pre-accident activities.

The applicant applied for arbitration more than two years after the insurer's refusal.

The arbitrator held that the insurer's refusal was clear and unequivocal, and the applicant was precluded from proceeding to arbitration because the application was filed beyond the two-year limitation period set out in subsection 281(5) of the Insurance Act and subsection 51(1) of the Schedule.

The appellant filed for bankruptcy shortly before the scheduled peremptory appeal hearing.

The appellant's counsel was unable to obtain instructions from the trustee in bankruptcy regarding whether to proceed with the appeal.

Consequently, the Court of Appeal deemed the appeal abandoned, ordered the release of funds held in court to the respondent, and awarded costs to the respondent.

The applicants claimed statutory accident benefits following a motor vehicle accident.

During pre-hearings, their non-lawyer representative demonstrated incompetence, failed to understand the issues, and caused unnecessary delays.

The arbitrator held a preliminary hearing to determine whether the representative should be barred from the proceedings and ordered to pay costs personally.

The arbitrator found that the representative's conduct fell below minimum standards, caused wasted expenses, and amounted to an abuse of process.

The representative was barred from appearing as an agent under section 23(3) of the Statutory Powers Procedure Act and ordered to personally pay $400 in costs to the insurer under section 282(11.2) of the Insurance Act.

The applicant requested a late adjournment of an arbitration hearing due to a scheduling conflict arising from a lack of communication between his former agent and current solicitor.

The arbitrator granted the adjournment subject to an order for costs thrown away.

The issue was whether the applicant or his representative should be personally liable for the $250 expense order under section 282(11.2) of the Insurance Act.

The arbitrator found that while the communication failure was inexcusable, it did not amount to bad faith or an intention to cause delay.

Therefore, the applicant was ordered to personally pay the expenses.