Paul DeMelo

The plaintiff developer sought a permanent injunction to remove protesters, including the named defendant Skyler Williams, from its property where it was constructing a residential subdivision.

The defendant argued that the common law test for injunctions was unconstitutional and disproportionately impacted Indigenous persons, and that the Crown had a duty to consult.

The court found that the defendant was not an authorized representative asserting collective s. 35 rights, and that the common law test for injunctions adequately balances Charter values.

Finding that the plaintiff held legal title and that damages would be inadequate for the ongoing trespass, the court granted the permanent injunction.

The defendant published a report criticizing the governance and contracting practices of the Niagara Peninsula Conservation Authority.

The Authority, its former CAO, and a contractor sued the defendant for defamation.

The defendant brought a motion to dismiss the actions under the anti-SLAPP provisions of the Courts of Justice Act (s. 137.1).

The court dismissed the Authority's action, holding that a government entity cannot sue an individual for defamation.

The court dismissed the remaining plaintiffs' actions because they failed to show the defendant had no valid defence, as the expressions were made on occasions of qualified privilege without malice.

Following the dismissal of an action on summary judgment concerning alleged nondisclosure in a land sale, the successful defendants sought costs on a partial indemnity basis.

The plaintiffs had alleged that the vendor Crown breached duties of good faith and honesty by failing to disclose Indigenous land-related claims affecting the property.

The court reviewed the principles governing costs under Rule 57.01 and the Courts of Justice Act and rejected the argument that the Crown’s costs should be discounted because government counsel are salaried.

The court held the defendants’ claimed fees and disbursements were reasonable given the complexity of responding to allegations of bad faith and the extensive factual investigation required.

Costs of $383,745.81 on a partial indemnity basis were awarded to the defendants.

The applicant developer sought a provisional building permit for a townhouse development, which the City refused, demanding an off-site parkland dedication instead of cash in lieu of land.

The applicant appealed the refusal and applied for a declaration interpreting the municipal bylaw.

The court dismissed the appeal as premature because the applicant lacked final planning approval.

However, the court granted the application for a declaration, finding that under the plain language of the bylaw, the City cannot require an off-site parkland dedication without the developer's agreement.

The applicant, an absentee landlord living in Qatar, sought to reverse clean-up costs assessed against his property by the respondent municipality after a clandestine drug lab operated by his tenants caused a fire.

The municipality relied on a by-law prohibiting the use of property for the manufacture of controlled substances.

The court held that the by-law is a strict liability public welfare provision that does not require the owner to have actual knowledge of the prohibited activity.

The court found the municipality's decision to assess costs against the applicant was reasonable and that failing to do so would result in the applicant's unjust enrichment.

The application was dismissed.