Kyla Fair

The plaintiffs brought an action for damages arising from the flooding of their greenhouse, alleging the defendants negligently altered their adjacent property and caused the flood.

The parties had previously entered into Minutes of Settlement regarding the dispute, which the defendants subsequently breached by failing to construct a berm.

The court held that the plaintiffs could not rescind the settlement to resurrect their tort claim, as they had contracted it away.

Furthermore, the court found the plaintiffs failed to prove on a balance of probabilities that the defendants caused the flooding.

However, the court granted a declaration that the defendants breached the Minutes of Settlement, entitling the plaintiffs to damages for that breach.

The applicant filed a Request to Expedite Proceedings and a Request for Interim Remedy in an application alleging discrimination in the occupancy of accommodation.

The Tribunal refused the Request to Expedite Proceedings.

The Tribunal also denied the Request for Interim Remedy, finding that the applicant failed to establish an arguable case and that the requests were trivial, vexatious, and an abuse of process.

The applicant filed a human rights application alleging discrimination in housing based on age and receipt of public assistance.

A summary hearing was scheduled to determine if the application had a reasonable prospect of success.

The applicant engaged in extensive correspondence disputing the proper respondents and requested adjournments, which were denied.

After being explicitly warned that failure to attend could result in dismissal, the applicant failed to call into the scheduled telephone hearing.

The Tribunal dismissed the application as an abuse of process and declined to declare the applicant a vexatious litigant without proper notice.