Phillip J. Trotter

Following earlier rulings where the plaintiff was substantially successful on a motion, the court determined the quantum of costs.

The plaintiff sought partial indemnity costs of $7,134.94, while the defendant argued each party should bear their own costs or that the hours claimed were excessive due to overlap with a co-defendant.

The court found the plaintiff's claimed hourly rate and time spent to be reasonable, noting the aggressive approach taken by the defendant.

The court awarded the plaintiff $7,134.94 in costs, to be set off against amounts owed under the mortgage.

Following a summary judgment ruling enforcing a settlement agreement, the parties disputed the calculation of property taxes and the applicable interest rate on the outstanding amount.

The court held that 'property tax' includes water and garbage charges.

The court further held that the original mortgage contract interest rate of 6.45% applies to the outstanding settlement amount, rather than the Courts of Justice Act rates, as the settlement compromised claims under the mortgage but did not intend to provide an interest-free period upon default.

The appellant appealed a Small Claims Court decision dismissing his $25,000 claim for damages arising from a condominium water leak.

At trial, the appellant attempted to introduce a new expert report on mould on the final day of trial, which the trial judge refused to admit due to late notice and unfairness to the respondents.

The Divisional Court dismissed the appeal, finding that the trial judge's discretionary decision to exclude the late evidence under Rule 18.02(1) was not clearly wrong and did not amount to an injustice.

Furthermore, the trial judge correctly found that the appellant had sued the wrong parties.

The plaintiff's house was severely damaged by fire shortly after he entered into a settlement agreement with his mortgagee.

The mortgagee had previously placed fire insurance on the property and charged the premiums to the plaintiff.

Following the fire, the mortgagee refused to process an insurance claim, arguing it suffered no direct loss until it took possession and realized on its security.

The defendants brought summary judgment motions to dismiss the plaintiff's claim for damages.

The court dismissed the mortgagee's motion, finding it had a duty of good faith to process the claim and the plaintiff had standing to enforce this obligation.

The court granted the mortgagee's counterclaim for possession and enforcement of the settlement agreement, directing a process to resolve the outstanding insurance and valuation issues.

The defendants brought a motion under Rule 21.01 to strike the plaintiff’s action on the basis that it disclosed no reasonable cause of action, that the court lacked jurisdiction because the dispute was academic in nature, and that the Notice of Action was a nullity.

The plaintiff alleged defamation and negligence arising from allegedly false reports made by a fellow student to university protection services and the university’s subsequent publication of those allegations.

The court held that it was not plain and obvious the court lacked jurisdiction, as the claim concerned torts rather than internal academic decisions.

The court further found the defamation claim was arguable on the pleadings and that the Notice of Action sufficiently identified the nature of the claim.

The motion to strike was dismissed and the plaintiff was granted leave to amend the Statement of Claim.