Jessica Koper

The respondent, Colin Jones, moved to consolidate an estate application commenced in Toronto with a related application commenced in Guelph, and to transfer the Toronto application to Guelph.

The applicant, Brian Jones, opposed the transfer, arguing the matter should remain in Toronto to benefit from the Toronto Estates List's mandatory mediation and case management.

The court granted the motion to consolidate and transfer the proceedings to Guelph, finding that Guelph had a much stronger connection to the parties and the estate assets.

However, the court imposed a condition requiring the parties to attend mandatory mediation.

The applicant sought an order requiring the respondent school board to consent to the assignment of a 99-year parking lot licence to a prospective purchaser of the applicant's property.

The respondent refused, arguing the agreement was effectively a lease that violated the subdivision control provisions of the Planning Act.

The court found the agreement was a valid licence, not a lease, and fell within the exception in s. 50(9) of the Planning Act for structures.

The application was allowed, and the respondent was ordered to consent to the assignment.