Luigi Di Pierdomenico

The appellants constructed a detached garage on their property pursuant to a building permit issued by the respondent municipality.

During construction, the appellants accessed an unopened road allowance (Ninth Street).

After completion, the respondent took the position that access via Ninth Street was not permitted and blocked the street with concrete barriers.

The appellants sued seeking removal of the barriers, an easement, or damages for breach of promissory estoppel and negligent misrepresentation, plus punitive damages.

The trial judge dismissed all claims.

The Court of Appeal upheld the dismissal, finding no merit in the appellants' arguments regarding negligence, promissory estoppel, negligent misrepresentation, or punitive damages.

The appellant appealed the order of a motion judge dismissing his motion on the grounds that he lacked standing due to non-compliance with an earlier order by Hebner J. The earlier order required the appellant to pay $17,803 by December 31, 2016, to bring his child support into good standing, failing which his Answer and affidavits would be struck.

The appellant failed to comply with the deadline and did not appeal the order.

Instead, he brought a motion to set aside the order before the motion judge.

The Court of Appeal dismissed the appeal, finding that Hebner J. properly applied the test for striking pleadings and that the motion judge correctly determined the appellant had no standing in the proceeding.