Kristen Crain

The applicant sought a declaration that Schedule Y5 of a subdivision agreement, which mandated the perpetual operation of a golf course on its property, was ultra vires, invalid, and unenforceable.

The court rejected all of the applicant's legal arguments, finding that the municipality had statutory authority to enter into the agreement, the agreement was enforceable as a contract binding on successors, it did not create contingent interests in land subject to the rule against perpetuities, and it did not amount to a constructive taking.

However, acknowledging the golf course's financial unviability, the court adjourned the application for 120 days and directed the parties to engage in mediation to seek a resolution under the agreement's amendment clause.

The appellant appealed a Consent and Capacity Board decision confirming his status as an involuntary psychiatric patient under the Mental Health Act.

The appellant argued the Board failed to consider his mobility issues when assessing his risk of harm to others and erred by refusing to make comments regarding his long-term detention.

The Superior Court of Justice dismissed the appeal, finding the Board's decision was reasonable, supported by evidence of recent assaults, and that the Board was not required to make comments on the conditions of detention.