L. E. Standryk

The applicant sought to enforce an oral agreement made with his predeceased son, pursuant to which the applicant and his seriously ill wife transferred title of their home to the son in exchange for a life interest in the property and approximately $71,000 in cash, while conveying over $175,000 in equity.

The son died unexpectedly, and the estate subsequently ceased paying the mortgage and threatened to sell the property.

The court found that the agreement, though unwritten, was enforceable pursuant to the doctrine of part performance, as the extensive acts of performance by all parties were unequivocally referable to dealings with the land and established clear and irreversible detrimental reliance.

Enforcing the Statute of Frauds in these circumstances would have been unconscionable.

The court declared a binding life interest, ordered registration of an instrument on title reflecting the life interest, and awarded damages of $22,047.94 for mortgage and insurance payments the applicant was compelled to make during the estate's non-performance, on both contractual and unjust enrichment grounds.

Costs were fixed at $43,245.44, inclusive of disbursements and HST.

The defendant successfully obtained summary judgment dismissing the plaintiff's $2.2 million defamation claim and sought partial indemnity costs of $8,836.76.

The plaintiff opposed the costs award, arguing that the defendant used salaried in-house counsel and that a costs award would have a chilling effect, while also requesting a sealing order in her costs submissions.

The court dismissed the sealing order request for failing to follow proper procedure.

The court awarded the defendant its requested costs, confirming that in-house lawyers are entitled to seek costs on an equal basis to external lawyers and finding the amount reasonable and proportionate.

The plaintiff sued the Niagara Regional Police Services Board for defamation and other torts arising from a 2019 arrest and a subsequent 2021 police report.

The defendant moved for summary judgment, arguing the claim was statute-barred.

The court granted the motion, finding that the plaintiff failed to provide the mandatory written notice under section 5 of the Libel and Slander Act, which acts as an absolute bar to the defamation action.

The court also noted that the police reports were protected by qualified privilege.

The applicant condominium corporation brought an unopposed application for a compliance order against a unit owner whose unit contained excessive combustible materials and unauthorized renovations, resulting in a fire inspection order.

The court found the respondent in breach of section 117 of the Condominium Act for permitting a dangerous condition to exist.

The court granted the corporation temporary vacant possession to remediate the unit and awarded full indemnity costs to be added to the unit's common expenses.

The defendant brought a motion for summary judgment to dismiss the plaintiff's action for damages arising from an alleged campaign of harassment following the end of their romantic relationship.

The plaintiff argued her claim was saved from the basic two-year limitation period by section 16(1)(h.2)(i) of the Limitations Act, which removes the limitation period for assault if the parties had an intimate relationship.

The court found the plaintiff failed to prove on a balance of probabilities that she had reasonable grounds to fear imminent harmful or offensive contact.

As the plaintiff's claim was statute-barred, the court granted summary judgment and dismissed the action.