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Municipal board decision quashed for procedural unfairness after revoking food district approval without a hearing.
The applicants sought judicial review of a decision by the Downtown Brampton Development Corporation (BIA) to withdraw its support for a pilot Food District operating on the applicants' property.
The BIA had previously endorsed the project subject to certain conditions but later revoked its approval after receiving complaints from competing businesses, without giving the applicants notice of the motion or an opportunity to be heard.
The Divisional Court applied the Baker factors and found the BIA's process was procedurally unfair.
The application was granted and the BIA's decision was quashed.
The court dismissed claims for breach of contract, conversion, and breach of fiduciary duty arising from a failed trucking venture.
This case concerned a failed business venture between the plaintiffs (Corridor Transport Inc. and Corridor Transport LP) and the defendants (Vittorio Junior Lentini and LTI Logistics Inc.).
The plaintiffs sought damages for breach of contract, conversion, and breach of fiduciary duty, alleging the defendants wrongfully retained $148,967.62.
The court found no enforceable contract due to a lack of meeting of the minds on essential terms, specifically the identity of the contracting parties and the treatment of LTI's accounts receivable.
The court also dismissed the claims for conversion, as the plaintiffs failed to prove a possessory interest in the funds, and breach of fiduciary duty, finding that the alleged fiduciary (Vic Jr.) was not in a position of power or discretion over the plaintiffs, who were not vulnerable.
The action was dismissed in its entirety.
