Martha A. Cook

The applicant sought damages after the respondent wrongfully refused to discharge a vendor take-back mortgage upon full payment.

The respondent's refusal prevented the applicant from refinancing the property, causing him to lose a lucrative opportunity to purchase another commercial investment property.

The court found the respondent breached its contractual obligation to discharge the mortgage within a reasonable time and acted in bad faith.

The court awarded the applicant $150,375 in compensatory damages for the lost opportunity, but dismissed the claim for punitive damages as there was no independent actionable wrong.

The defendants brought a motion under section 137.1 of the Courts of Justice Act to dismiss the plaintiff's defamation action as an impermissible SLAPP suit.

The plaintiff, a former municipal councillor, sued the defendants over a newspaper column that suggested he had a conflict of interest regarding a municipal development project.

The court found that while the defamation claim had substantial merit and the defences of fair comment and responsible communication lacked a real prospect of success, the plaintiff failed to prove that the harm he suffered outweighed the public interest in protecting the political expression.

The motion was granted and the action was dismissed.