C. Brown

A second Case Management Conference was held regarding appeals of the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 28-storey mixed-use building.

The Tribunal granted Future Delight Investment Ltd.'s request to withdraw as a Party.

The Tribunal also approved the finalized Procedural Order and scheduled a 10-day video hearing on the merits.

At a Case Management Conference regarding appeals of the City of Toronto's failure to make a decision on zoning by-law amendment applications for 53 and 55 Yonge Street, the Ontario Land Tribunal granted party status to several adjacent property owners and a condominium corporation.

The Tribunal also approved a draft Procedural Order and Issues List and scheduled a five-day video hearing for February 2023.

The moving party sought an interlocutory injunction restraining the respondents from dealing with inventory allegedly belonging to a partnership pending resolution of an application seeking dissolution of the partnership, an accounting, and damages.

The court applied the three-part test for interlocutory injunctions from RJR MacDonald Inc. v. Canada and found that although there was a serious issue to be tried regarding whether a partnership existed and whether certain inventory constituted partnership property, the moving party failed to establish irreparable harm.

Evidence showed that alternative financing remained available and that the retail business continued operating.

The balance of convenience favoured the respondent, who relied on the inventory to operate an online business and service debts.

The motion was dismissed, subject to terms preserving inventory management, accounting obligations, and monthly payments toward indebtedness.

The respondent insurer sought its legal expenses following the dismissal of the appellant estate's appeal regarding statutory accident benefits.

The Director's Delegate extended the time to request an expense hearing, finding the delay reasonable pending a judicial review application.

The Delegate awarded costs to the respondent, noting it was completely successful and the appeal lacked merit, as the estate had no standing to claim the benefits.

The Delegate ordered the appellant's counsel to personally pay the respondent's costs, fixed at $5,755.84, finding that counsel caused expenses to be incurred without reasonable cause by pursuing the appeal instead of commencing a new application in the proper party's name.

The parties reached a settlement prior to the disposition of the appeal.

Consequently, the Court of Appeal for Ontario dismissed the appeal as abandoned.