5 total
Appeal allowed and consent to sever denied because proposed lot frontage did not conform to neighbourhood character.
The appellant municipality and an individual appellant appealed a Committee of Adjustment decision granting a consent to sever a residential property to create a new lot.
The municipality argued the severance did not conform to its Official Plan regarding neighbourhood character and lot fabric.
The Tribunal accepted the uncontradicted expert planning evidence that the proposed lot frontage was significantly narrower than the established neighbourhood lot fabric.
The Tribunal allowed the appeal and refused the provisional consent, finding it did not satisfy section 51(24)(c) of the Planning Act.
Summary judgment granted for bank on defaulted loan; no breach of good faith found.
The plaintiff bank brought a motion for summary judgment against a corporate borrower and its personal guarantor after the borrower defaulted on a $100,000 loan.
The defendants argued the bank breached its duty of good faith and fiduciary duty by failing to explain the loan terms and by calling the loan despite the borrower bringing arrears current.
The court granted summary judgment, finding no fiduciary duty existed, the bank acted reasonably and in good faith in exercising its contractual rights after reviewing the borrower's financial disclosure, and there was no genuine issue requiring a trial.
Condominium corporation awarded full indemnity costs of $17,645.67 against non-compliant unit owners.
Following a successful application for a compliance order against the respondent unit owners for noise, harassment, and by-law breaches, the applicant condominium corporation sought full indemnity costs.
The court awarded the applicant its full costs of $17,645.67 pursuant to section 134(5) of the Condominium Act and the corporation's declaration, finding that innocent unit owners should not bear the expense of enforcing compliance.
Motion to transfer action from Milton to Welland granted due to party connections and efficiency.
The plaintiff brought a motion in writing to transfer the action from Milton to Welland following a mortgage default and power of sale proceedings.
The defendants opposed the transfer but provided no logical reason or substantial materials.
The court noted that the majority of the parties and one of the subject properties were located in the Niagara area, and that the matter could be heard more quickly and efficiently in Welland.
The motion was granted, and the action was transferred to Welland.
Appeal dismissed; HVAC rental company failed to bring onerous buyout and lien terms to consumer's attention.
The appellant HVAC rental company appealed a Small Claims Court decision ordering it to return $17,334.09 to the respondent consumer.
The consumer had been forced to pay the amount to discharge liens registered against his home when he sold it, pursuant to a 10-year rental contract.
The trial judge found the buyout and lien provisions were onerous terms in a contract of adhesion that had not been brought to the consumer's attention, applying the Tilden principle.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings.
