3 total
Tribunal grants party and participant status and schedules a 7-day hearing for a development appeal.
This was the first Case Management Conference concerning an appeal by Format Lakeshore Inc. against the Town of Oakville's failure to adopt requested Official Plan and Zoning By-law amendments for an 11-storey mixed-use building.
The Tribunal granted party status to the Regional Municipality of Halton and Frastell Associates Inc., and participant status to Lorna Sinclair and Arbour Memorial Inc. The Tribunal also approved a Procedural Order and scheduled a seven-day video hearing to commence on February 18, 2025.
Motion to strike estate litigation claim dismissed; plaintiff granted leave to amend pleadings.
The plaintiff sued her siblings, who were the estate trustees of their parents' estates, alleging breach of fiduciary duty, conversion of personal property, and intentional infliction of mental suffering.
The defendants moved to strike the claim as disclosing no reasonable cause of action or, alternatively, for summary judgment.
The plaintiff cross-moved for leave to amend her claim.
The court granted the plaintiff leave to amend her claim and dismissed the defendants' motion, finding that the amended claim raised genuine issues for trial regarding the alleged breaches of trust and mental distress that could not be resolved summarily.
Appeal dismissed; letter and unsigned release constituted an offer to settle, not an acknowledgment of debt.
The appellants appealed a motion judge's decision finding that a letter and unsigned Release did not constitute an acknowledgment of debt regarding a promissory note.
The Court of Appeal dismissed the appeal, agreeing that the documents were a mere offer to settle and did not clearly and unequivocally acknowledge that any amount remained owing.
The court awarded costs of $7,500 to the respondents.
