Mikel Pearce

The applicant unit owner sought an oppression remedy against the respondent condominium corporation due to excessive noise and vibrations emanating from an adjacent garbage room.

The applicant endured the noise for over a decade while the corporation responded in a delayed and piecemeal fashion, eventually halting approved remediation work when the application was commenced.

The court found that while the applicant did not provide expert evidence to prove the corporation's proposed remediation plan was inadequate, the corporation's inexcusable delay and retaliatory stoppage of work unfairly disregarded the applicant's interests.

The court awarded $30,000 in damages for oppression and ordered the corporation to complete the approved remediation work.

The appellants sought summary judgment to determine whether an insurance policy obtained by the mortgagees covered the mortgagors' interest in the property and whether the insurer could exercise subrogation rights.

The mortgagors had failed to obtain property insurance after their existing policy was cancelled.

The mortgagees obtained a policy in their own names covering only their mortgagee interest.

The motion judge dismissed the motion, finding that the policy was for the sole benefit of the mortgagees and that the mortgagees were entitled to pursue subrogation rights.

The Court of Appeal affirmed, holding that Standard Charge Term 16 of the mortgage imposed the obligation to insure on the mortgagors and that any insurance obtained by the mortgagees was permissive and for their benefit alone.

The plaintiffs brought a motion to add the officiating referees and their associations as defendants to an action arising from a spectator injury at a high school football game.

The motion was brought more than two years after the incident, raising a limitation period issue.

The plaintiffs argued they only discovered the potential liability of the referees during the examinations for discovery of the existing defendants.

The court granted the motion, finding there was a live issue of fact regarding discoverability and no non-compensable prejudice to the proposed defendants.