Krista Ruth Chaytor

The appellant residential tenant appealed a Landlord and Tenant Board (LTB) voidable eviction order arising from his refusal to pay a rent increase.

The tenant argued he did not receive proper notice of the increase, that the LTB order failed to account for recent rent payments, and that the LTB lacked jurisdiction due to an outstanding Superior Court action.

The Divisional Court dismissed the appeal, finding the notice issue was a question of mixed fact and law outside its jurisdiction, the tenant misunderstood the legal effect of the voidable order, and the LTB retained jurisdiction over the rent increase.

The court also declined to admit fresh evidence and awarded costs to the respondent landlord.

The applicants sought to set aside or appeal four arbitral awards arising from a dispute over a $20 million charitable donation and associated naming rights for a community campus.

The arbitrator had found that the applicants breached their obligations and declared that the respondents were entitled to revoke the naming rights.

The Superior Court of Justice dismissed the applications, finding no jurisdictional errors, breaches of procedural fairness, or extricable errors of law.

The court held that the arbitration agreement precluded appeals and that the arbitrator's findings on issues including contract formation, relief from forfeiture, and damages were reasonable and supported by the evidence.

The respondents' cross-application to recognize and enforce the arbitral awards was granted.

The appellant, Janice Antonio, Executrix of The Estate of Inez Antonio, appealed a discretionary decision of an Associate Justice to extend the time to set the action down for trial under rule 48.14 of the Rules of Civil Procedure.

The court found that the Associate Justice correctly identified and applied the legal test, considered the relevant evidence, and exercised discretion appropriately.

The appeal was dismissed, and costs were awarded to the respondents.

The decision addresses a motion by Gowing Contractors Ltd. and Zurich Insurance Company Ltd. to strike the statement of defence of Walsh Construction Company Canada and Walsh Construction Co., and to stay related actions, on the basis that Walsh failed to immediately disclose a settlement with the City of Toronto in a related action.

The court found that the settlement did not entirely change the litigation landscape of the actions involving Gowing and Zurich, and therefore the immediate disclosure doctrine did not apply.

The motion was dismissed.

The plaintiff, The Guarantee Company of North America, sought an extension of time to serve a statement of claim or to validate service in a construction indemnity action.

The court reviewed the lengthy delay in service, the explanations provided, and the resulting prejudice to the defendants.

The motion was dismissed, with the court finding the plaintiff failed to provide a reasonable explanation for the delay and that the defendants would be prejudiced in their ability to defend the action due to lost records and faded memories.

The Court of Appeal for Ontario heard a motion to quash a motion for leave to appeal from a Superior Court decision.

The Superior Court had dismissed an application to review an arbitrator's jurisdiction decision, finding the responding parties had waived their right to object.

The Court of Appeal determined it lacked jurisdiction to hear an appeal from the application judge's order, citing s. 17(9) of the Arbitration Act, 1991, which explicitly states there is no appeal from a court's decision on a preliminary question of an arbitrator's jurisdiction.

The court found the arbitrator's jurisdiction ruling was indeed a preliminary question, despite its timing.

Consequently, the motion for leave to appeal was quashed, and costs were awarded to the moving parties.

The applicants sought a determination that the arbitrator erred in finding jurisdiction over certain relief claimed by the respondents in an ongoing arbitration.

The court found that the applicants had waived their right to object to the arbitrator's jurisdiction through their conduct, including filing a counterclaim and issuing their own notice of demand for arbitration invoking the arbitrator's jurisdiction.

The court dismissed the application, emphasizing that allowing a last-minute jurisdictional challenge after significant participation would undermine the efficiency and benefits of arbitration.

The plaintiffs brought a motion for a status hearing to extend the time to set down a 2016 action for trial and to timetable remaining litigation steps, arguing an acceptable explanation for delay and no non-compensable prejudice to the defendants.

The defendants, including Inez Antonio and the Nialund defendants (Gore Mutual Insurance Company and Nialund Properties Limited), opposed the motion, with Inez Antonio bringing a cross-motion to dismiss for delay.

The court granted the plaintiffs' motion, finding their explanation for delay adequate and the defendants' assertions of prejudice unsupported, noting the defendants' passivity in the litigation.

The cross-motion was dismissed.

The appellant, MGW-Homes Design Inc., appealed an order vacating a writ of enforcement related to an adjudicator's determination under the Construction Act.

The primary issue was whether the Court of Appeal had jurisdiction to hear the appeal, which depended on whether the order constituted a "judgment" under s. 71(1) of the Construction Act, in which case the appeal would lie to the Divisional Court.

The Court of Appeal, interpreting "judgment" broadly consistent with prior case law and the Act's purpose of efficiency, found that the order was a "judgment" under s. 71(1).

Consequently, the appeal was dismissed for lack of jurisdiction, as it properly belonged in the Divisional Court.

The defendant landlord sought summary judgment to dismiss the plaintiff tenant's claim and for judgment on its counterclaim for withheld rent, stemming from a dispute over the calculation of realty taxes under a commercial lease.

The tenant sought a declaration regarding the proper calculation method and an accounting for overcharges.

The court dismissed the landlord's motion for summary judgment and its counterclaim for the specific amount.

However, it granted the tenant's request for a declaration that the landlord must calculate realty taxes according to the lease's terms, applying a six-year limitation period for any past overcharges based on the Real Property Limitations Act.

The plaintiff, Canadian Flight Academy Ltd. (CFA), brought a motion seeking production of documents and answers to refusals from the City of Oshawa in a dispute over a lease extension at the Oshawa Executive Airport.

The motion addressed three main areas: airport noise complaints, land parcel "Part 42" usage, and a proposed land sale.

A significant portion of the ruling focused on the City's claims of solicitor-client and litigation privilege over various emails and "closed reports." The court applied principles of relevance, proportionality, and third-party privacy, and conducted a detailed, document-by-document analysis of privilege claims, granting some production requests while upholding many of the City's privilege assertions.

Domenic Pasqualino brought a motion to vacate a writ of enforcement issued by MGW Homes Design Inc. under the Construction Act, which was based on an Adjudicator's determination.

MGW failed to provide notice of filing the determination with the court within the statutory 10-day period as required by s. 13.20(3) of the Act.

The court ruled that strict compliance with this notice requirement is mandatory for the determination to be enforceable as a court order.

Consequently, the writ was deemed void due to non-compliance, and Pasqualino's motion was granted.

The court also addressed the issue of costs, awarding them to Pasqualino.

The defendant brought a motion for particulars regarding the third party defence in an action for constructive dismissal.

The defendant sought details of communications alleged by the third party in his defence, arguing they were necessary to plead a reply.

The third party argued the request was an attempt to discover evidence prematurely.

The court granted the motion, finding that the particulars were not within the defendant's knowledge and were necessary for the defendant to frame its reply to the third party defence.

The moving party brought a motion for leave to appeal an order dated July 11, 2022.

The Divisional Court dismissed the motion for leave to appeal.

Costs were awarded to the respondents in the fixed amount of $21,000 all inclusive.

The plaintiff foundation, established by a deceased donor, brought a motion for an interlocutory injunction or an order under Rule 45.02 to prevent the defendant charitable foundation from making distributions from a donor-advised fund.

The plaintiff sought to compel the defendant to make distributions according to the plaintiff's instructions.

The court dismissed the motion, finding no serious issue to be tried because a valid charitable gift requires the donor to divest all power and control over the property to the donee.

The plaintiff conceded it could not compel specific donations, and failed to establish irreparable harm or that the balance of convenience favoured an injunction.

This case involved four consolidated applications concerning arbitrations over construction defects at two hospitals.

PCL Constructors Canada Inc. challenged the arbitrators' jurisdiction, arguing non-compliance with procedural prerequisites and a limited scope of the arbitrators' power to award remedies.

Johnson Controls Canada LP sought declaratory relief regarding the nature of a contractual "Reconsideration Right" of the arbitrators' decisions, specifically whether it entailed a de novo hearing or an appeal.

The court dismissed all four applications, upholding the arbitrators' jurisdiction and declining to rule on the hypothetical future reconsideration right, stating the issue had not yet crystallized.

This case involved four consolidated applications concerning arbitrations over construction defects at two hospitals.

PCL Constructors Canada Inc. challenged the arbitrators' jurisdiction, arguing non-compliance with procedural prerequisites and a limited scope of the arbitrators' power to award remedies.

Johnson Controls Canada LP sought declaratory relief regarding the nature of a contractual "Reconsideration Right" of the arbitrators' decisions, specifically whether it entailed a de novo hearing or an appeal.

The court dismissed all four applications, upholding the arbitrators' jurisdiction and declining to rule on the hypothetical future reconsideration right, stating the issue had not yet crystallized.

The moving party, Sota Dental Studio Inc., brought a motion for leave to seek judicial review of an adjudicator's decision.

The Divisional Court granted the motion for leave, with costs fixed at $5,000 payable in the discretion of the application panel.

This is an appeal from a summary judgment awarding damages for the appellants' failure to close a residential real estate transaction.

The appellants challenged the damages amount, arguing failure to mitigate and issues with expert evidence.

The respondent cross-appealed the prejudgment and postjudgment interest rates.

The Court of Appeal dismissed both the appeal, finding the appellants failed to discharge their onus on mitigation, and the cross-appeal, affirming the motion judge's discretion to depart from the contractual interest rate due to special circumstances (respondent's delay in marketing the property).

The applicant tenant sought a declaration that it validly renewed its commercial lease for a five-year term.

The respondent landlord argued the renewal was invalid because the tenant was in default of its obligations to pay common area maintenance and realty taxes when it gave notice.

The court found that the parties had deviated from the strict payment terms of the lease for years, and the landlord could not retroactively assert a default without providing notice.

Furthermore, the lease contained a tenant-friendly renewal clause that allowed the tenant to cure any default and renew even after the initial deadline had passed.

The court granted the declaration that the lease was validly renewed.