Justice R. J. Nightingale

The plaintiffs brought a motion for summary judgment seeking specific performance of an agreement of purchase and sale for a vacant residential lot.

The defendant vendors had refused to close the transaction, claiming they were unable to remove outstanding writs of execution from title and treating the agreement as terminated.

The court found that the defendants failed to act in good faith to clear the title, as they could have paid the executions from the sale proceeds or paid the funds into court.

The court also found the property was unique to the plaintiffs given its location and affordability.

The plaintiffs' motion for specific performance was granted and the defendants' cross-motion was dismissed.

The applicants sought a declaration that a secondary building on their property had legal nonconforming status for industrial use.

The property was zoned residential in 1985, but the previous owner had operated a small engine repair business there, establishing a legal nonconforming use.

After the previous owner's death in 1995, the industrial use ceased for nearly 12 years, with the building used only for storage until the applicants purchased it in 2007 and began operating a crane business.

The court dismissed the application, finding that the legal nonconforming use had been discontinued and lost long before the applicants purchased the property.

The defendant plastic surgeon brought a motion for summary judgment to dismiss a medical negligence and lack of informed consent action arising from an abdominoplasty.

The plaintiff alleged the defendant failed to meet the standard of care and failed to disclose the risk of skin necrosis.

The court granted the defendant's motion, finding no genuine issue for trial as the plaintiff failed to provide expert evidence establishing a breach of the standard of care or causation.

Furthermore, the court used its enhanced fact-finding powers to conclude that the material risks were disclosed and that a reasonable person in the plaintiff's position would have proceeded with the surgery.

The plaintiff, a 73-year-old radio broadcaster with 20 years of service, was terminated without cause by the defendant.

The plaintiff brought a motion for summary judgment seeking 30 months' notice, while the defendant argued for 18 months and alleged a failure to mitigate.

The court awarded a 21-month notice period, finding no exceptional circumstances to justify exceeding 24 months.

The court also found that the defendant failed to prove the plaintiff did not mitigate his damages, considering his age, specialized skills, and serious medical issues following termination.