Justine Ajandi

The respondents brought a Rule 2.1 motion to dismiss the appellant's appeal from a Small Claims Court assessment hearing.

The self-represented appellant alleged that the defendants lied at a settlement conference and that the deputy judge exhibited bias and misinterpreted facts.

The court found that the appellant's materials contained unsustainable allegations, gratuitous complaints, and confusing presentations characteristic of vexatious litigation.

The court concluded that the appeal was frivolous, vexatious, and an abuse of process, and dismissed it pursuant to Rule 2.1.01.

The moving party brought a motion for leave to appeal a decision of the Ontario Land Tribunal.

The Divisional Court dismissed the motion for leave to appeal.

No costs were awarded as the responding party failed to file a costs outline.

The applicant purchased a property to operate a salvage yard and sought a declaration that its use was a lawful non-conforming use under s. 34(9)(a) of the Planning Act.

The respondent municipality argued that the previous owner had discontinued the salvage yard use, thereby losing the non-conforming status.

The court found that the previous owner had continuously conducted salvage operations as part of its business, maintaining the legal non-conforming use.

Furthermore, the court held that the applicant's more intensive salvage operation did not constitute a wholly different use that would extinguish the non-conforming status.

The application for a declaration was granted.

The defendant insurer brought a motion for summary judgment to dismiss the plaintiffs' action for negligent misrepresentation.

The plaintiffs alleged that during a settlement meeting for a fire loss claim, the insurer misrepresented that the plaintiffs could sue their former insurance broker for the shortfall in coverage, inducing them to sign a release and settle for less than they were entitled to.

The insurer argued the action was barred by the release and the limitation period.

The court dismissed the motion, finding genuine issues requiring a trial regarding whether the misrepresentation was made, whether reliance was reasonable, and when the limitation period commenced.

The appellants appealed the dismissal of their negligence action on summary judgment motions brought by the respondents.

The plaintiff was assaulted after exiting a chartered bus at a plaza in Barrie, sustaining a serious head injury.

The respondents operated a bar with a transportation and security system designed to prevent violence.

The motions judge found the case suitable for summary judgment and held that the respondents met the applicable standard of care.

The Court of Appeal found that the motions judge failed to properly articulate and apply the standard of care, effectively treating the plaintiff's contributory negligence as a bar to the claim.

The court held that the respondents owed a duty not to place the plaintiff in a position where foreseeable injury could occur, and that a trial was necessary to properly assess the standard of care and causation.

The defendants First Student Canada, David Ribble, 1853780 Ontario Inc. o/a Kee to Bala, and Ryan Zaroski sought summary judgment to dismiss the plaintiffs' claim for damages arising from an assault on Ryan Turcotte.

The assault occurred in a parking lot after Turcotte disembarked from a chartered bus service provided by the defendants.

The plaintiffs alleged negligence under the Occupiers’ Liability Act, Liquor Licence Act, and general negligence.

The court found no evidence that the defendants failed in their duty of care regarding premises safety, bus security, or intoxication monitoring.

The court also rejected allegations that the defendants should have diverted the bus, prevented Turcotte or the assailants from leaving, or provided more explicit warnings, concluding that Turcotte was aware of the potential danger.

The motion for summary judgment was granted, dismissing the action against the moving defendants.