Michael A. Penny

The appellant appealed a decision regarding the calculation of interest on a mortgage.

The Divisional Court granted the appeal, ordering judgment in an amount that accounts for interest at 8.25% for the first six months of the mortgage term and 18.00% for the seventh month and thereafter.

Written reasons were to follow.

The appellant, a registered social service worker, appealed a Discipline Committee decision finding her guilty of professional misconduct for surreptitiously recording a meeting and posting a hyperlink to confidential child protection records online.

She argued the Committee erred because she had been acquitted of criminal and provincial offences arising from the same conduct.

The Divisional Court dismissed the appeal, holding that the Committee was not bound by the criminal acquittal due to different evidentiary standards and evidence.

The court upheld the Committee's findings that the appellant published identifying information contrary to the Child and Family Services Act and engaged in disgraceful, dishonourable, or unprofessional conduct.

The penalty, including a six-month suspension, was affirmed.

The applicant brought a motion for increased temporary child support and section 7 expenses.

The respondent failed to file an answer or updated financial disclosure, instead advancing pseudolegal arguments that he was not a 'person' subject to the court's jurisdiction.

The court rejected these arguments, struck the respondent's ability to participate under Rule 1(8.4) of the Family Law Rules, and ordered interim child support of $3,282 per month based on his last known income of $190,000.

The moving party brought a motion for leave to appeal an order of the Superior Court of Justice.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the amount of $5,000.

The moving party brought a motion for leave to appeal from an unreported order of B. MacNeil J. dated April 15, 2021.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the amount of $5,000 all inclusive.

The moving parties sought leave to appeal an order of the motion judge.

The Divisional Court dismissed the motion for leave to appeal.

As neither party uploaded costs outlines as directed, the court ordered no costs on the motion for leave to appeal, leaving the costs of the motion below to be decided by the motion judge.

The moving party brought a motion for leave to appeal an unreported order of the lower court dated February 12, 2021.

The Divisional Court reviewed the written materials submitted by the parties.

The motion for leave to appeal was dismissed, and costs were awarded to the responding party in the all-inclusive amount of $3,646.63.

The moving party sought leave to appeal an order of Kiteley J. dated December 10, 2020.

The Divisional Court dismissed the motion for leave to appeal.

Costs were awarded to the corporate respondents in the fixed amount of $5,000, while no costs were awarded to the individual respondent as no costs outline was filed.

The appellant lawyer appealed a decision of the Law Society Tribunal Appeal Division upholding the revocation of his license and a costs award for professional misconduct.

The misconduct included charging grossly excessive fees, failing to comply with court orders to reimburse his client, and rendering false accounts.

The Divisional Court dismissed the appeal, finding that the Law Society had parallel jurisdiction with the courts to review retainer agreements and find professional misconduct for breaching court orders.

The court upheld the penalty of revocation, noting the appellant's dishonesty and fundamental disrespect for his obligations as a lawyer.

The moving party, Watts Water Technologies Inc., brought a motion for leave to appeal the order of Sanderson J. dated March 16, 2021.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the fixed amount of $5,000.

The moving parties brought a motion for leave to appeal the orders of the lower court judge dated March 25, 2021.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding receiver in the fixed amount of $5,000.

The moving parties brought a motion for leave to appeal an earlier order.

The Divisional Court dismissed the motion for leave to appeal without costs.

The moving party brought a motion for leave to appeal an order dated February 10, 2021.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the respondent in the fixed amount of $5,000.

The appellants appealed a decision dismissing their motion to set aside a default judgment obtained by the respondent law firm for unpaid legal fees.

The appellants argued the motion judge erred regarding service of the claim, full and frank disclosure, and the application of the test for setting aside default judgments.

The Divisional Court dismissed the appeal, finding that service was properly effected under the Rules of Civil Procedure and the appellants failed to establish a plausible excuse for not defending the claim or an air of reality to any defence on the merits.

Costs of $7,500 were awarded to the respondent.

The tenant appealed a Landlord and Tenant Board decision ordering his eviction on the basis that the landlord sold the rental unit to her brother, who required it for personal use.

The tenant argued the Board denied him procedural fairness by curtailing his cross-examination and refusing to compel the unredacted agreement of purchase and sale.

The Divisional Court allowed the appeal, finding that while the Board had discretion to control its process, it erred in law by precluding the tenant from testing critical evidence regarding the bona fides of the sale transaction, specifically the purchase price and payment terms.

The matter was remitted to the Board for a fresh hearing.

The moving parties brought a motion for leave to appeal a February 24, 2021 decision.

The Divisional Court dismissed the motion for leave to appeal and awarded costs of $3,800 to the responding parties.

The moving parties brought a motion for leave to appeal a March 31, 2021 decision of Perell J. The Divisional Court dismissed the motion for leave to appeal and awarded costs of $5,000 inclusive to the responding party.

The moving party sought leave to appeal a February 17, 2021 decision regarding interim spousal support.

The Divisional Court granted leave to appeal on three specific issues: whether the motion judge erred by ordering a net amount of spousal support contrary to the Income Tax Act, whether a material change in circumstances was required to vary an interim without prejudice order, and whether the motion judge relied on irrelevant considerations or made palpable and overriding errors in determining the temporary spousal support amount.

Costs of $5,000 were awarded to the moving party.

The moving party brought a motion for leave to appeal the April 22, 2021 decision of G.A. MacPherson J. The Divisional Court dismissed the motion for leave to appeal and awarded costs to the respondent fixed in the amount of $4,700.

The moving party brought a motion for leave to appeal a temporary order.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the amount of $2,350.