Paul M. Paciocco

The plaintiffs brought an action against their neighbour for private nuisance, trespass, and mental distress arising from over five years of egregious conduct, including noise, odours, trespassing, and the discharge of firearms.

The defendant was noted in default and the matter proceeded as an uncontested trial.

The court found the defendant liable for substantial and unreasonable interference with the plaintiffs' use and enjoyment of their property.

The court awarded a total of $520,000 in damages, including $100,000 in punitive damages, and granted a permanent injunction restricting the defendant and his guests from continuing the nuisance and trespassing.

The applicant sought an uncontested divorce, sole decision-making responsibility, child support, and spousal support after the respondent failed to participate in the proceedings.

The court granted the divorce, awarded the applicant sole decision-making responsibility, and ordered supervised parenting time for the respondent due to safety concerns.

The court imputed the respondent's income, ordered table child support, proportionate sharing of section 7 expenses, and payment of arrears, while establishing spousal support entitlement without a current payment order.

Costs of $15,000 were awarded to the applicant.

The plaintiff, Intercity Properties Limited, brought a motion seeking indemnification for fees and costs related to enforcing an encroachment agreement against 1584904 Ontario Inc. and Community First.

The encroachment (a pylon sign) was removed by 1584904 after the application was commenced, rendering the primary relief moot, leaving only the issue of costs.

The court found both parties acted unreasonably, escalating a simple matter.

While 1584904 was more at fault for breaching the agreement and refusing a reasonable initial costs offer, Intercity also acted unreasonably by continuing a Superior Court application for injunctive relief that was no longer needed and by not pursuing less costly self-help remedies or Small Claims Court.

The court awarded Intercity $7,000 in partial indemnity costs against 1584904, finding this amount reasonable and within the contemplation of the parties at an earlier stage of the proceedings.