3 total
Motion for leave to appeal dismissed without costs.
The moving party brought a motion for leave to appeal the decision of R. Smith J. dated June 26, 2024.
The Divisional Court dismissed the motion for leave to appeal without costs.
The court awarded the plaintiff reduced costs of $100,000 due to divided success and a near-miss offer to settle.
The Plaintiff, 2449442 Ontario Inc., was awarded $82,752 at trial in a construction lien case, while the Defendant, Cambridge Drywall Services LTD. (CDS), succeeded on its counterclaim for $30,000, resulting in a net recovery of $52,752 for the Plaintiff.
CDS successfully defended against 87% of the Plaintiff's total claim.
This decision addresses the parties' claims for costs.
The court considered factors under Rule 57, including divided success and CDS's offer to settle, which, though not compliant with Rule 49.10(2) due to timing, exceeded the Plaintiff's net recovery.
The court also addressed the applicability of simplified procedure rules under the Construction Act.
Ultimately, the court ordered CDS to pay the Plaintiff $100,000 in costs plus HST and disbursements, reflecting a reduction from the Plaintiff's claimed costs due to the divided success and CDS's reasonable, albeit non-compliant, offer.
Judicial review granted; Director's refusal to approve daycare supervisor breached procedural fairness by relying on undisclosed concerns.
The applicant daycare sought judicial review of a Ministry of Education Director's decision refusing to approve its proposed supervisor.
The Director had previously revoked the supervisor's approval following an inspection.
When the daycare reapplied, the Director refused approval based on new, undisclosed concerns regarding absenteeism and past complaints that had not been raised as issues previously.
The Divisional Court granted the application, finding the Director breached the duty of procedural fairness by failing to provide notice of the case the applicant had to meet.
The matter was remitted to a different director for a fresh decision.
