J. Ivan Marini

The applicant landlord sought vacant possession and damages from the respondents, a tenant and a related corporation.

The respondents brought a cross-application for damages and determination of rights under a settlement agreement.

The court found the landlord-tenant relationship had irretrievably broken down due to the tenant's admitted failure to pay rent, which constituted a fundamental breach of the lease.

The court granted the landlord a declaration that the lease was terminated and issued a writ of possession, delayed by 30 days.

However, due to significant factual disputes, credibility issues, and the potential need for expert evidence, the court converted all remaining claims for damages from both parties into a single action to proceed with fresh pleadings and examinations for discovery.

The applicants in an estate litigation matter brought a motion to remove the respondent Estate Trustee's counsel of record.

The applicants alleged bad faith, a conflict of interest arising from the lawyer's past marriage to the applicants' sister and past representation of two applicants, and the likelihood that the lawyer would be called as a witness at trial.

The court dismissed the motion, finding no disqualifying conflict of interest, no risk of misuse of confidential information, and no real basis to believe the lawyer would likely provide material evidence at trial.

This is a costs ruling following a successful application by Halton Standard Condominium Corporation No. 627 to enforce an arbitration agreement and award against the Grandview respondents, and to set aside a solicitors' charging order claimed by Blaney McMurtry LLP.

The applicant sought costs on various scales against both sets of respondents.

The court awarded partial indemnity costs against the Grandview respondents for their failure to comply with the arbitration agreement and award, and partial indemnity costs against Blaney McMurtry LLP as the unsuccessful party regarding the charging order.

The applicant condominium corporation sought to enforce an arbitration agreement and award, which required the transfer of property from the developer respondents free of encumbrances.

The respondent law firm, Blaney McMurtry LLP, opposed this, asserting a valid solicitors' charging order over the same property for unpaid legal fees.

The court considered whether to set aside or vary the charging orders and whether to enforce the arbitration award.

The court found that the charging orders improperly covered property not "recovered or preserved" through the solicitors' work and set them aside as against the transfers to the condominium.

Consequently, the arbitration agreement and award were enforced and incorporated into a judgment.