J. Sinopoli

The Estate of John McKinlay sought summary judgment against the Municipality of Chatham-Kent for a declaration that the Municipality was responsible for maintaining a drainage tile (Drain) on the Estate's property and for reimbursement of repair costs and crop losses.

The Drain was installed under an easement granted by the Estate's predecessor to the Province, which was later transferred to the Municipality's predecessor.

The court found that the easement granted the Municipality the right to maintain the Drain but did not impose a positive obligation to do so.

Therefore, the claim for declaratory relief was dismissed.

However, the court declined to grant summary judgment dismissing the entire action, noting that the Estate's amended statement of claim pleaded facts capable of supporting a claim for damages in nuisance, which was not fully canvassed during the motion.

The motion for summary judgment was dismissed, allowing the nuisance claim to proceed to trial.

The respondent brought an urgent motion to reduce spousal support due to a significant reduction in income following a medical diagnosis.

The court, operating under COVID-19 emergency protocols, determined that the matter met the definition of urgency as a 'dire issue regarding the parties’ financial circumstances' and allowed the motion to proceed.

The urgency determination was preliminary and without prejudice to the merits of the motion.

The appellant appealed the dismissal of her motion to find the respondent in contempt of court for failing to direct his pension to the Family Responsibility Office for child support arrears.

The motion judge found it impossible to determine if the respondent had failed to direct the payment, and concluded the order was a payment order not enforceable by contempt.

The Superior Court dismissed the appeal, finding that the appellant failed to prove beyond a reasonable doubt that the respondent wilfully breached the clear terms of the order, despite his reprehensible conduct in cashing out the pension.