2 total
The court dismissed a landlord's claim that a housing support agency orally agreed to cover all tenant-caused property damage.
The plaintiff, John Shane, sought damages from Ontario Aboriginal Housing Support Services Corporation (OAHS) for property damage caused by a fire in a rental unit leased to OAHS clients.
Shane claimed OAHS had orally agreed to cover all property damage caused by its clients, or, in the alternative, that OAHS was negligent in supporting the tenants.
The court found no oral contract existed, as there was no meeting of the minds or clear promise by OAHS to cover all damages.
The court also found no evidence of negligence by OAHS.
The claim was dismissed.
Interlocutory injunction granted allowing plaintiff temporary use of neighbour's driveway pending construction of alternate access.
The plaintiff sought an interlocutory injunction to restrain the defendants from blocking access to her driveway via a gravel roadway on the defendants' property.
The defendants argued the Road Access Act did not apply because an undeveloped right of way provided alternate access.
Applying the RJR-MacDonald test, the court found a serious issue to be tried regarding the application of the Road Access Act, irreparable harm to the 75-year-old plaintiff due to lack of emergency and service vehicle access, and that the balance of convenience favoured granting limited interim access.
The court ordered the defendants to remove obstructions and permitted the plaintiff restricted use of the roadway until January 2023 to allow for the construction of a new driveway on the right of way.
