Marc A. Garson

The plaintiff, assignee of a debt owed by the defendants under minutes of settlement, sued for the outstanding principal and accumulated interest.

The defendants acknowledged the principal debt but sought equitable relief from the accumulated interest under section 98 of the Courts of Justice Act, arguing they withheld payment because the plaintiff failed to provide proper notice of the assignment.

The court found that the defendants' conduct in withholding payment was not reasonable and that the contractual interest rate did not constitute a penalty or forfeiture.

Judgment was granted in favour of the plaintiff for the principal and accumulated interest.

Suncor Energy Products Inc. brought an application to quash several municipal by-laws passed by the Town of Plympton-Wyoming that restricted the development of a wind farm project.

The court found that By-Law 50 of 2012 was invalid for vagueness and uncertainty, and conflicted with provincial legislation regarding renewable energy approvals.

The court also quashed portions of By-Law 6 of 2012 relating to building permit fees and security deposits, and portions of By-Law 75 of 2012 imposing development charges for wind turbines, finding them ultra vires.

The court declared that the Town's zoning by-laws passed under the Planning Act did not apply to the renewable energy undertaking.

In a personal injury action arising from an assault at a bar, the defendants had been noted in default and liability was previously determined.

The court conducted an undefended trial to assess damages after the plaintiff was struck in the face by a thrown beer bottle and suffered a facial laceration, post‑concussion syndrome, ongoing headaches, and psychological anxiety related to social settings.

Considering comparable assault cases and the lasting physical scar and emotional effects, the court awarded non‑pecuniary general damages.

The court also ordered reimbursement of subrogated claims relating to compensation paid by the Criminal Injuries Compensation Board and health care costs paid by OHIP, along with pre‑judgment interest.

Substantial indemnity costs were awarded given the defendants’ failure to participate and the victim‑related statutory considerations.

The defendants moved to discharge a certificate of pending litigation (COPL) registered against a property after the plaintiff corporation had been voluntarily dissolved.

The plaintiffs alleged the property had been fraudulently transferred prior to dissolution and sought to maintain the COPL, arguing that shareholders retained a beneficial interest or that the court should preserve the certificate on a nunc pro tunc basis pending revival of the corporation.

The court held that a dissolved corporation lacks capacity to commence or maintain proceedings and therefore cannot sustain a COPL.

Shareholders of a dissolved corporation also cannot assert personal claims for wrongs done to the corporation or step into its position to maintain the certificate.

The court declined to exercise nunc pro tunc discretion, finding that the alleged fraud and potential revival of the corporation were matters for trial and did not justify maintaining the encumbrance.

Appeal from a Small Claims Court judgment awarding a real estate brokerage commission after the seller refused to accept a full‑price offer during the listing period.

The appellant argued the offer was not properly presented, did not comply with certain listing conditions, and that the brokerage breached fiduciary duties through multiple representation.

The court held the offer had been adequately presented within the listing period and that the alleged deficiencies were either immaterial or consistent with the listing terms.

The court further found no breach of fiduciary duty.

The appeal was dismissed and the commission award upheld.