J. Irving

The plaintiff brought a motion for leave to issue a certificate of pending litigation (CPL) against the defendant's property, claiming specific performance of an alleged agreement of purchase and sale.

The defendant argued there was no binding agreement and raised the Statute of Frauds.

The court found triable issues regarding the real estate agent's authority to bind the defendant, whether the terms were agreed upon, and whether the Statute of Frauds was satisfied through written communications or part performance.

Balancing the equitable factors, the court concluded the potential prejudice to the plaintiff outweighed the presumptive prejudice to the defendant and granted leave to issue the CPL.

The plaintiff brought a motion for leave to issue a writ of seizure and sale, a notice of garnishment, and a tracing order to enforce a 2013 judgment.

The court established a timetable on consent and scheduled the motion to be heard on August 31, 2021.

The accused was tried on a charge of sexual assault arising from allegations by his spouse shortly after she arrived in Canada through immigration sponsorship.

The case turned entirely on credibility and reliability.

Applying the W.(D.) framework, the court found weaknesses in the complainant's evidence, including evasiveness in cross-examination, lack of detail on central events, and the absence of any allegation of sexual assault when privately questioned by a police officer.

Although the accused's evidence contained contradictions that prevented outright acceptance, it nevertheless raised a reasonable doubt in the context of the whole record.

The accused was acquitted.

In an ongoing governance dispute concerning a Gurdwara, the case management judge issued directions regarding multiple related proceedings.

The court granted the current board of directors leave to commence an action against former directors for costs previously paid to a law firm, and permitted a third-party claim against the law firm.

The court also stayed a related small claims action and a costs assessment proceeding pending a peremptory case management conference to determine how all related matters should be adjudicated.

In a case management endorsement concerning governance disputes over a Gurdwara, the court granted leave for the corporation to commence an action against former directors for costs paid to a law firm, and for the former directors to bring a third-party claim against the law firm.

The court also stayed related small claims and costs assessment proceedings pending a further case management conference to determine whether the court should assume case management responsibility over all related matters.

Members of a religious community incorporated under the Corporations Act disputed control of the corporation administering their temple.

After a consent order established a three-person board, the applicants sought recognition of two additional directors allegedly appointed by the community's spiritual leader and invalidation of steps taken by the existing board.

The court held that the evidence of the alleged appointments was inadmissible and unreliable hearsay, and in any event the consent order circumscribed any authority to appoint additional directors pending an annual members meeting.

The application was dismissed, and the matter was directed into case management with related proceedings.

The appellant landlord appealed a decision of the Ontario Rental Housing Tribunal which held that the landlord substantially interfered with the tenants' reasonable enjoyment by changing secondary locks installed by the tenants.

The Divisional Court allowed the appeal, finding that the Tribunal erred in focusing on the ownership of the locks rather than whether the landlord had consented to the alteration of the locking system under s. 23 of the Tenant Protection Act.

The matter was remitted to the Tribunal to determine the issue of consent for each individual tenancy.