Lisa D. Pasternak

The appellant purchased property to construct a fourplex and submitted applications for site plan approval and building permits.

The respondent municipality subsequently passed an interim control by-law freezing development in the area, having discussed the by-law in closed committee meetings.

The appellant moved to quash the by-law, arguing the closed meetings violated the open meeting requirements of the Municipal Act.

The motion judge dismissed the application, finding the meetings fell under the 'potential litigation' exception.

The Court of Appeal allowed the appeal and quashed the by-law, holding that the subject matter of the meetings was the by-law itself, not potential litigation, and that the statutory requirement for open meetings had been breached.

The appellant appealed a judgment of the Divisional Court regarding a matter under the Construction Lien Act.

The Court of Appeal dismissed the appeal, agreeing substantially with the reasons of the Divisional Court, and awarded costs of $8,000 to the respondent.

The appellant municipality appealed the trial judge's dismissal of its third-party claim for contribution and indemnity against a subdivision developer following a judgment for a homeowner whose basement flooded.

The trial judge found the developer negligent in constructing an asphalt pad without surface water management, but held the municipality's failure to respond reasonably was the proximate cause.

The Court of Appeal allowed the appeal, holding that the trial judge erred by failing to apportion negligence.

The Court apportioned negligence equally between the municipality and the developer, ordering the developer to indemnify the municipality for 50% of the damages and costs.