Richard K. MacGregor

The applicant mother sought a declaration that her adult son held his joint interest in her property on a resulting or constructive trust, alleging she did not intend to gift him the interest and that he exercised undue influence.

The court found the presumption of resulting trust applied but was rebutted, as the evidence showed the mother intended to gift the joint interest to effectuate her testamentary plan.

The court dismissed the claims of undue influence and unjust enrichment, finding the mother acted freely and the gift constituted a juristic reason for the enrichment.

The application was dismissed, and the mother was ordered to pay costs.

The applicant sought to be relieved of its obligation to pay interest at the contract rate of 11.2% on a prompt payment determination, arguing that its payment of funds into court as security stayed the interest clock.

The Divisional Court rejected this argument, finding that the payment into court was merely security and did not vary the terms of the determination.

The court affirmed its jurisdiction to calculate the balance owing and ordered the applicant to pay the remaining interest accrued, less the income earned on the funds held in court.

Following the dismissal of its application, the applicant sought to make further submissions regarding recent amendments to the definition of 'written notice of lien' under the Construction Act.

The Divisional Court declined the request, finding that the amendments, which came into effect after the applicant's payment obligations arose, did not apply retrospectively.

The court also declined to provide general guidance on the new amendments, noting that such guidance should be reserved for cases where the issue is material to the result.

The applicant owner sought judicial review of an adjudicator's determination ordering it to pay the respondent contractor $685,574.91 under the prompt payment regime of the Construction Act.

The owner argued the adjudicator erred by rejecting its set-off claim for delay, misinterpreting notice holdback obligations, and conducting a procedurally unfair hearing.

The Divisional Court dismissed the application, finding the adjudicator reasonably concluded the contract did not support the delay claim and correctly held that actual notice of registered liens does not trigger notice holdback obligations.

The court also found no procedural unfairness or reasonable apprehension of bias.

This is a complex oppression and wrongful dismissal matter involving a closely held family company.

The plaintiff, an estranged son-in-law employed for 27 years, was terminated following discovery of a fraudulent invoicing scheme through which he misappropriated over $500,000 from the family businesses.

The plaintiff claims oppression and wrongful dismissal, while the defendants counterclaim for fraud, conversion, and breach of fiduciary duty.

The court found the plaintiff was terminated for cause due to the fraudulent scheme, was not oppressed, and breached his fiduciary duties.

The plaintiff is liable for damages totaling approximately $571,452.25 plus disgorgement of profits.

The court ordered a buyout of the plaintiff's 50% interest in the operating company at a price to be determined by a jointly retained neutral valuator, but dismissed claims for buyout of the real estate holding companies and oppression remedies.

Debtors moved to set aside, stay, or refuse a garnishment process seeking to enforce an adjudicator's determination requiring payment of the second draw under a construction contract.

The debtors argued that enforcement would be inequitable and unfair, and would result in double recovery for the contractor through both garnishment and a registered lien.

The court dismissed the motion, finding that the adjudicator's determination was binding and enforceable through garnishment, and that the debtors' arguments amounted to an impermissible collateral attack on the adjudicator's decision.

The court held that garnishment motions are not intended to review the correctness of the underlying order and that allowing such review would undermine the prompt payment and prompt adjudication provisions of the Construction Act.

The Applicants, Apollo Technology Capital Corporation and Nobul Technologies Inc., sought orders regarding the conduct of the upcoming annual general meeting (AGM) of MediPharm Labs Corp., including the appointment of an independent chair, the appointment of TSX Trust as scrutineer, and a declaration regarding the validity of their Dissident Circular.

The Court declined to grant the requested relief, finding no evidence of impropriety or unfairness in the process established by MediPharm’s by-laws and confirming that the issues raised could be addressed after the AGM if necessary.

The defendants sought an interlocutory injunction to restrain the plaintiff from enforcing its mortgage security by way of power of sale, pending the resolution of their counterclaim alleging misrepresentation.

The court found that while there was a serious issue to be tried regarding alleged misrepresentation, the defendants failed to establish irreparable harm, as any losses could be compensated by damages.

The motion for an injunction was dismissed.

The appellant, Toronto Wholesale Produce Association (TWPA), appealed a trial judgment finding it breached a Sale and Maintenance Agreement (SMA) with the respondent, ID Inc., regarding the conversion of a billboard to a digital sign.

The trial judge had awarded ID Inc. damages for lost profits, finding the SMA had not expired and that TWPA had waived or was estopped from relying on the expiry provision.

The Court of Appeal allowed the appeal, holding that the trial judge erred in her contractual interpretation by injecting a fault concept into the plain language of the SMA, which clearly stated the agreement would terminate if a permit was not obtained within 360 days.

The Court also found no evidence to support waiver or estoppel.

ID Inc.'s cross-appeal regarding an alleged separate oral agreement was dismissed, as the trial judge correctly applied the objective test for contract formation.

The action against TWPA was dismissed.

ID Inc. appealed the dismissal of its claim against StrategyCorp, which arose from a dispute over the transformation of a billboard to a digital sign and a related consulting agreement.

The Court of Appeal upheld the trial judge's findings, concluding that StrategyCorp did not intentionally interfere with ID Inc.'s economic relations, the consulting agreement was conditional on a separate agreement that never materialized, StrategyCorp had repudiated the agreement which ID Inc. accepted by silence, and StrategyCorp did not breach its duty of good faith.

The appeal was dismissed.

The applicant sought judicial review of an adjudicator's prompt payment determination under the Construction Act.

The Divisional Court adjourned the application because the applicant failed to serve notice on the Attorney General as required by s. 9(4) of the Judicial Review Procedure Act.

The court also directed the applicant to serve notice on the Ontario Dispute Adjudication for Construction Contracts (ODACC) due to issues concerning jurisdiction, process, and the public release of adjudication decisions.

The applicant moved for a stay of a prompt payment adjudication order under the Construction Act requiring it to pay approximately $685,000 to the respondent, pending an application for judicial review.

The respondent consented to the stay on the condition that the full amount be paid into court.

The applicant argued against this condition, citing irreparable harm and balance of convenience.

The Divisional Court found that the applicant failed to establish irreparable harm if the money was paid into court, and the balance of convenience strongly favoured requiring payment into court.

The stay was granted on the condition that the applicant pay $700,000 into court.

The applicant, a mortgagee, sought the appointment of a receiver over the respondents' real property due to mortgage defaults and alleged insolvency.

The respondents opposed, arguing the remedy was not just or convenient and that the proposed receiver had a conflict of interest due to an existing receivership over adjacent lands with related easement disputes.

The court dismissed the application, finding that the applicant's security was protected, there was no evidence of property depreciation, and the applicant had not pursued existing mortgage enforcement proceedings.

The court also noted that appointing the same firm as receiver for both properties would create a conflict given the ongoing disputes regarding a shared easement.

The moving party brought a motion to strike portions of an affidavit tendered by the responding party in support of its motion for leave to appeal an adjudicator's decision.

The court noted that the typical practice is to have motions to strike heard at the same time as the primary motion.

The court dismissed the motion without prejudice, granted the responding party leave to amend its affidavit, and set a revised timetable for the leave motion, leaving any remaining disputes about the affidavit's content to the leave panel.

ID Inc. brought a motion to quash part of an appeal by the Toronto Wholesale Produce Association (TWPA), arguing the appeal was out of time because the judgment for damages was "pronounced" earlier than the final judgment date.

The TWPA opposed and brought a cross-motion for an extension of time if necessary.

The Court of Appeal dismissed ID Inc.'s motion, finding that there was only a single judgment, not two, and therefore the appeal was not out of time.

The TWPA's cross-motion was dismissed as moot.

The plaintiff, ID Inc., and the defendants, Toronto Wholesale Produce Association (TWPA) and StrategyCorp., sought costs following a trial.

ID Inc. was awarded damages against TWPA and sought partial indemnity costs for the trial and substantial indemnity costs for an interest motion.

StrategyCorp., whose claim was dismissed, sought full indemnity costs against ID Inc. The court awarded ID Inc. partial indemnity costs of $641,891.66 against TWPA, with reductions for certain disbursements and a 15% reduction for divided success on issues.

The court denied substantial indemnity costs for the interest motion, awarding partial indemnity instead, with further reductions for excessive time and unnecessary attendance.

StrategyCorp. was awarded partial indemnity costs of $665,354.31 against ID Inc., with reductions for time spent on an unscheduled summary judgment motion and a separate OIC complaint.

The court declined to award costs against ID Inc.'s principal personally or to direct TWPA's payment to ID Inc. to first satisfy StrategyCorp.'s costs.

This appeal concerned an estate dispute where the appellant sought to exercise dissent rights under the Ontario Business Corporations Act (OBCA) in response to the liquidation of a family-owned holding company.

The application judge found these rights were waived by a Unanimous Shareholders Agreement (USA).

The Court of Appeal dismissed the appeal, affirming that the USA's provisions clearly waived dissent rights and that this interpretation was consistent with the company's purpose of managing estate assets.

The plaintiff, ID Inc., sought pre- and post-judgment interest at a contractual rate of 26.8% per annum following a successful breach of contract claim against Toronto Wholesale Produce Association (TWPA).

The court had previously awarded damages for lost profits and maintenance.

The key issues were whether ID Inc. was entitled to the contractual interest rate without amending its pleading, and if an amendment was necessary, whether leave should be granted.

The court found that ID Inc. was entitled to the contractual interest rate under common law, as the parties had agreed to and contemplated this rate in their Sale and Maintenance Agreement (SMA), and the TWPA was not prejudiced despite the delay in formally pleading it.

The court awarded ID Inc. pre- and post-judgment interest at 26.8% on the total damages.

The plaintiff, ID Inc., sued the Toronto Wholesale Produce Association (TWPA) and StrategyCorp for breach of contract, interference with economic relations, and conspiracy regarding a project to convert a static billboard at the Ontario Food Terminal to a digital sign.

The plaintiff alleged an oral agreement for a share of advertising revenue and a written Sale and Maintenance Agreement (SMA).

The court found no oral agreement existed but held that the TWPA breached the SMA and its duty of good faith by waiving a 360-day permit condition and then secretly contracting with a competitor.

Claims against StrategyCorp for interference, conspiracy, and breach of confidence were dismissed.

The plaintiff was awarded damages for lost profits on the construction and maintenance of the sign.

The applicant, a penthouse unit owner, applied to the Condominium Authority Tribunal alleging that unreasonable noise from the mechanical room above his unit caused a nuisance.

The respondent condominium corporation had spent approximately $40,000 on engineering investigations and repairs to address the noise.

The Tribunal dismissed the application, finding it lacked jurisdiction.

The Tribunal held that the functioning of the mechanical room is not an 'activity' within the meaning of section 117(2) of the Condominium Act, 1998, and that the complaint fundamentally related to the corporation's duty to maintain and repair the common elements, which falls outside the Tribunal's jurisdiction.