Laura Pinkerton

The plaintiff brought an action alleging the defendants conspired to acquire a property by fraud.

The moving defendants brought a motion for summary judgment to dismiss the claim.

The plaintiff argued its interest in the property, registered under the Personal Property Security Act, had priority over a subsequent mortgage registered under the Land Titles Act, and that the mortgage was void under the Planning Act for failing to include abutting lands.

The court found that PPSA registration does not provide notice to a subsequent mortgagee of real property, and the plaintiff failed to establish ownership of the abutting lands.

Finding no genuine issue requiring a trial, the court granted the motion and dismissed the action against the moving defendants.

The defendant mortgagor moved to set aside a default judgment and writ of possession obtained by the plaintiff mortgagee, and to stay a prior order declining to set aside a notice to vacate.

The court dismissed both motions, finding no plausible explanation for the defendant's default, no arguable defence on the merits regarding priority of encumbrances or Planning Act compliance, and that setting aside the judgment would cause significant prejudice to the plaintiff and undermine the administration of justice.

The responding party attempted to enforce two historical Ontario Municipal Board (OMB) orders regarding sewer extensions by initiating enforcement proceedings in the Superior Court without an originating process.

The moving party municipality brought a motion to strike the proceedings.

The court granted the motion, finding that the OMB has exclusive jurisdiction to enforce, vary, or rescind its own orders under the Ontario Municipal Board Act, and relief must be sought directly from the OMB.