Ralph Cuervo-Lorens

The Town of Georgina brought a motion for an interim restraining order to prevent the respondents from dumping fill on a former pit property without a permit under the Town's Site Alteration By-law.

The respondents argued they were importing fill to rehabilitate the land pursuant to a site plan under the Aggregate Resources Act.

The court granted the interim restraining order, finding a serious issue to be tried, no irreparable harm to the respondents if delayed, and that the balance of convenience favoured the Town and the province, as the corporate owner of the land had been dissolved and the property was vested in the Crown.

A real estate brokerage sued for payment of commission arising from the sale of a commercial property after the vendor refused payment.

The vendor argued that the listing agreement had been cancelled, that the brokerage did not introduce the purchaser during the listing period, and that the commission had effectively been paid through other benefits.

The vendor also counterclaimed alleging breach of fiduciary duty and negligence by the broker for failing to document an alleged price adjustment agreement that led to related litigation.

The court found that the broker introduced the purchaser during the currency of the listing agreement and that the sale agreement was executed within the holdover period, entitling the brokerage to commission.

The court rejected the alleged cancellation, rejected claims of payment “in kind,” and dismissed the counterclaim due to lack of credible evidence.