4 total
Appeals allowed and provisional consent granted for residential severances following a settlement between the parties.
The applicant appealed the municipal Committee of Adjustment's refusal of applications to sever a property into four new residential lots and one retained lot, each containing two additional residential units.
Prior to the hearing, the applicant and the municipality reached a settlement.
The Tribunal accepted uncontested expert planning evidence that the proposed severances were consistent with the Provincial Planning Statement and conformed to the applicable Official Plans and zoning by-laws.
The Tribunal allowed the appeals and granted provisional consent subject to agreed-upon conditions.
The court dismissed a motion to retroactively reduce child support due to the payor's failure to provide financial disclosure.
The respondent brought a motion for summary judgment seeking to retroactively adjust child support, arguing the original imputed income was incorrect and the children ceased to qualify for support earlier.
The court dismissed the motion, finding the respondent failed to provide necessary financial disclosure (income tax returns for 2008-2015) to establish a material change in circumstances for the retroactive variation of income-based support.
The court also declined to rescind arrears or reduce the post-judgment interest rate, emphasizing the respondent's failure to make payments and provide disclosure.
Condominium corporation awarded partial indemnity for legal costs incurred to enforce a no-smoking rule.
The applicant condominium corporation sought full indemnity for legal costs incurred to enforce a no-smoking rule against the respondent unit owner.
The substantive issues were resolved by a consent order in which the respondent agreed to comply with the rule.
The Tribunal found that while the applicant was entitled to some costs under the indemnification provisions of its by-laws and rules, the amounts claimed were disproportionate to the straightforward nature of the dispute.
The Tribunal awarded $2,500 for pre-Tribunal legal costs and $2,275 for Tribunal-related costs and fees.
Consent order issued prohibiting smoking in respondent's condominium unit, with costs deferred to separate adjudication.
The applicant condominium corporation initiated a proceeding alleging that the respondent caused smoking odours to emanate from her unit, creating a nuisance and violating the corporation's no-smoking rule.
During mediation, the parties agreed to a consent order resolving the substantive issues, with the respondent agreeing not to allow smoking in her unit, balcony, or common elements.
The issue of costs was deferred to a separate adjudication.
