K. Dhirani

The plaintiff and the defendants are neighbours sharing a common wall.

The defendants undertook a home renovation involving the demolition of their main floor, exposing a partition wall to the elements.

The plaintiff brought a motion for a mandatory injunction to compel the defendants to address concerns regarding heat loss, moisture, mould, and pests.

The court dismissed the motion, finding that the plaintiff failed to establish a strong prima facie case of nuisance, as the evidence showed the common wall was adequately protected and the plaintiff's fears of damage were largely theoretical.

Following a successful motion interpreting a price adjustment clause in a land development agreement, the applicant sought the return of disputed funds held in trust by the respondents' solicitor, along with interest.

The court determined the appropriate interest rates for both the undisputed mortgage amounts paid late by the applicant and the disputed funds held in trust by the respondents.

The court awarded 4% simple interest to the respondents on the late undisputed payments and 4% simple interest to the applicant on the disputed funds held in trust, allowing the respondents to retain the GIC interest earned.

The appellant purchaser entered into an agreement to buy a parcel of land from the respondent vendor.

The vendor's predecessor in title had obtained a consent to sever abutting lands, conveyed the severed lands to herself, and subsequently conveyed the remaining lands to the vendor.

The purchaser requisitioned the title, arguing the conveyance to the vendor violated the subdivision control provisions of the Planning Act because the predecessor still owned the abutting lands at the time of the conveyance.

The Court of Appeal agreed, holding that the exception in s. 50(6) of the Planning Act only applies if the remaining part is conveyed before the consented part.

Since the consented part was conveyed first, the exception did not apply, and the conveyance to the vendor violated the Act.