Michael Polvere

The moving party sought costs following an oral ruling that granted an adjournment to seek directions due to the responding party's lawyer's behaviour during an examination.

The court fixed costs at $11,242, including costs thrown away.

Finding that the lawyer's conduct—passing a note to his client during the examination and unilaterally taking a break for a full discussion—crossed the line, the court ordered the lawyer to personally pay 50% of the costs award.

The Township of Adelaide Metcalfe brought a motion seeking a determination that the Ontario Land Tribunal has jurisdiction to arbitrate a dispute with the Municipality of Strathroy-Caradoc over a shared servicing agreement for water and sewer utilities.

Strathroy-Caradoc argued the agreement had expired and the Tribunal lacked jurisdiction.

The Tribunal found it had jurisdiction under both s. 474.10.3(1)(j) and s. 474.10.16(1)(a) of the Municipal Act, 2001, as the parties had agreed to binding arbitration in the event of a failure to negotiate a new agreement, and the dispute involved the mandatory supply of public utilities.

The Tribunal also granted an interim order requiring Strathroy-Caradoc to facilitate connections for three specific development properties pending a final resolution.