Jennifer Elizabeth Biggar

The defendant Town brought a motion for partial summary judgment to dismiss parts of the plaintiff's claim: damages for alleged breach of a mural maintenance contract and declaratory relief regarding a heritage building designation.

The court dismissed the motion for summary judgment on the damages claim, finding no efficiency in partial summary judgment in a simplified procedure case with conflicting affidavits and no cross-examination.

However, the court granted summary judgment dismissing the declaratory relief, holding that the Ontario Heritage Act provides a complete code for such matters, which the plaintiff had not followed.

This was a standalone costs decision following dismissal of the applicant's motion.

The respondent sought partial indemnity costs of $6,970.78 inclusive of fees, disbursements, and HST, and the applicant filed no responding submissions.

Applying Rule 57 and the appellate guidance that costs must be fair and reasonable in the circumstances rather than tied to actual costs incurred, the court fixed costs in the full amount requested.

The applicant was ordered to pay the respondent within 30 days.

The applicant sought relief relating to the proceeds of a municipal tax sale of property in which he claimed an interest.

The land had been sold for tax arrears and surplus proceeds were paid into court pursuant to the Municipal Act.

The municipality later obtained an order for payment of the surplus to itself after no claim was brought within the one‑year limitation period in s. 380(4).

The applicant argued that he had not been properly served, that relief from forfeiture should be granted under s. 98 of the Courts of Justice Act, and that allowing the municipality to retain the large surplus was inequitable.

The court held that the municipality had complied with the statutory notice provisions and that equitable relief could not be used to circumvent the statutory limitation period.

The motion was dismissed.