Mark Shapiro

The plaintiffs' home was flooded twice due to a cast iron water main breaking in front of their driveway.

They sued the City of Vaughan for negligence and nuisance.

The City argued its failure to replace the water main was a policy decision exempt from liability under the Municipal Act.

The court found the City's inaction was an operational decision, as it failed to follow its own internal barometer for replacing water mains with a history of breaks.

The City was found liable for negligence, and the plaintiffs were awarded agreed-upon damages of $480,000.

Cross-applications sought interpretation of a right of first refusal clause in a commercial lease.

The tenant argued the right crystallized into an option to purchase once the landlord received an offer and could not be defeated by termination of the lease.

The landlord contended the clause was expressly limited by a lease provision allowing termination upon receipt of an agreement of purchase and sale.

The court held the right of first refusal was expressly subject to the termination mechanism in the lease.

The landlord’s notice of termination under the relevant clause validly ended both the tenancy and the right of first refusal.

Cross-applications sought interpretation of a right of first refusal clause in a commercial lease.

The tenant argued the right crystallized into an option to purchase once the landlord received an offer and could not be defeated by termination of the lease.

The landlord contended the clause was expressly limited by a lease provision allowing termination upon receipt of an agreement of purchase and sale.

The court held the right of first refusal was expressly subject to the termination mechanism in the lease.

The landlord’s notice of termination under the relevant clause validly ended both the tenancy and the right of first refusal.