3 total
Motion to extend expert report deadline and increase damages claim granted.
The moving party plaintiffs brought a motion to extend the time for service of a new expert appraisal report and for leave to amend their statement of claim to increase the damages claimed, arising from a failed real estate transaction.
The original appraisal experts had retired and were unable to testify, necessitating a replacement report.
The court found a reasonable explanation for the late service, no uncompensatable prejudice to the responding defendants, and no undue trial delay given the trial was set 11 months away.
Leave to serve the replacement appraisal was granted, as was the amendment to increase the quantum of damages claimed from $75,000 to $125,000, with costs thrown away to be quantified by the trial judge.
Motion for leave to appeal Ontario Land Tribunal decision dismissed with costs.
The moving party sought leave to appeal a decision of the Ontario Land Tribunal.
The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay costs of $10,000 to the responding party.
New Conservation Authorities Act amendments apply to ongoing de novo appeal; adjournment granted for procedural fairness.
The appellant appealed the refusal of the Central Lake Ontario Conservation Authority to issue a development permit.
During the course of the hearing, new legislative amendments to the Conservation Authorities Act and O.Reg 41/24 came into effect.
The Tribunal ruled that the new legislation governs the de novo appeal and granted an adjournment to allow the parties and their experts to address the new law.
The Tribunal also granted the appellant's motion to amend his witness list but denied a request for a site visit as premature.
