3 total
Small Claims appeal allowed; judgment granted for unpaid rent and misappropriated funds after jurisdictional error.
The appellant appealed a Small Claims Court order dismissing her action for unpaid rent and misappropriated funds against her former partner.
The Deputy Judge had dismissed the action on the basis that it should be dealt with in the parties' family law action.
The Divisional Court found the Deputy Judge erred, as the Ontario Court of Justice had already struck the property claims for lack of jurisdiction.
Rather than remitting the matter, the Divisional Court granted judgment for the appellant, awarding $4,715 for unpaid rent and misappropriated funds, $1,000 in punitive and aggravated damages, and $2,500 in costs.
Summary judgment Motion dismissed
The court issued an endorsement following the dismissal of the plaintiff's summary judgment motion on a mortgage guarantee.
This endorsement addresses the costs of that motion and the plaintiff's subsequent request for a mini-trial or expedited trial.
The court reserved the costs of the summary judgment motion to the trial judge, finding it more just given that the claims and defences remained live and the work done would reduce trial costs.
The plaintiff's request for a mini-trial was denied, as it would not allow for proper development of defences due to prior evidentiary deficiencies and lack of discovery.
The court reiterated the need for a case conference to address the action's progress, particularly in light of a key individual's failing health, and to consider an expedited trial.
The court dismissed a motion for summary judgment on a mortgage guarantee due to complex factual disputes requiring a trial.
The plaintiff, 2383431 Ontario Inc., sought summary judgment against individual defendants who guaranteed a mortgage for Rose of Sharon (Ontario) Retirement Community.
The defendants argued the guarantee was limited to interest only and raised equitable defences related to construction defects and the relationship between the original mortgagee (IWOK) and the builder (Unimac).
The court dismissed the motion for summary judgment, finding that the complex factual matrix, including the disputed scope of the guarantee and the relationships between the parties, presented genuine issues requiring a trial.
The judge emphasized that the record did not allow for confident findings of fact or a proportionate resolution of the dispute.
