6 total
Settlement enforced against defendants despite discovery that their liability insurance policy was fraudulent.
The plaintiffs moved to enforce a $600,000 settlement reached at mediation for injuries sustained when the plaintiff was struck by a construction fence.
The defendants opposed enforcement, arguing the settlement was vitiated by fraud because the insurance agent who authorized the settlement had issued a fake policy, leaving the defendants uninsured.
The court granted the motion, finding that defence counsel had apparent authority to bind the defendants and that the alleged fraud by a third party did not invalidate the agreement.
The court held it would be unjust to shift the burden of the insurance fraud onto the innocent plaintiff, and the defendants must pursue their remedies against the insurance intermediaries.
Procedural order issued scheduling a 7-day hearing for official plan and zoning by-law amendment appeals.
The Ontario Land Tribunal issued a Procedural Order to govern the hearing of appeals by Gemini Urban Design (W) Corporation concerning the City of Vaughan's failure to adopt requested Official Plan and Zoning By-law amendments.
The appeals relate to a proposed development of a back-to-back townhouse block and underground parking garage.
The Tribunal scheduled a 7-day video hearing to commence on June 22, 2026, and established the issues list and procedural dates for the exchange of evidence.
Tribunal approves settlement amending subdivision conditions to require 20 affordable rental units instead of monetary contributions.
The appellant appealed the City of Cambridge's draft plan of subdivision conditions, specifically challenging a condition requiring a $500 per unit affordable housing contribution and a three-year lapsing condition.
The parties reached a settlement to amend the conditions, replacing the monetary contribution with a requirement to provide 20 affordable rental units for 25 years, and extending the registration timeframe to five years.
The Ontario Land Tribunal accepted uncontested planning evidence that the revised conditions represent good planning, are consistent with the Provincial Planning Statement, and conform to the applicable official plans.
The appeal was allowed in part to approve the amended conditions in principle.
Summary judgment granted to vendor for aborted real estate sale; inability to secure financing is not frustration.
The plaintiff vendor brought a motion for summary judgment against the defendant purchaser for failing to close a real estate transaction.
The purchaser argued the contract was frustrated because she could not obtain financing due to a car accident and the alleged theft of her funds by a third party.
The court granted summary judgment, finding that the purchaser's inability to secure financing did not amount to frustration of contract and did not excuse the breach.
The court awarded the vendor damages for the difference in the resale price and carrying costs, less a deduction for unproven security costs.
Merit hearing converted to settlement hearing after parties resolve appeal of draft plan conditions.
The Tribunal convened a Case Management Conference regarding an appeal by River Mill Development Corporation against conditions of a draft plan of subdivision approved by the City of Cambridge.
The parties engaged in settlement discussions and subsequently advised the Tribunal that a settlement had been reached.
The Tribunal ordered that the previously scheduled merit hearing be converted to a settlement hearing.
Tribunal grants party status to TRCA and schedules merit hearing for townhouse development appeal.
The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 12-unit townhouse development.
At the first Case Management Conference, the Tribunal granted party status to the Toronto and Region Conservation Authority on consent, noting its regulatory role regarding natural hazards.
The Tribunal scheduled a second Case Management Conference and a seven-day merit hearing.
