2 total
Consent request to amend procedural order timelines granted.
The parties submitted a request on consent to amend the procedural timelines contained in the Procedural Order for a hearing to determine compensation under the Expropriations Act.
The Ontario Land Tribunal granted the request and issued an amended procedural order governing the steps leading up to the hearing.
Leave to appeal Master's order referring costs for assessment denied despite brief reasons.
The defendant sought leave to appeal a Master's order referring the costs of an action dismissed for delay to an assessment officer.
The defendant argued the Master erred by failing to explicitly find an 'exceptional case' as required by Rule 57.01(3.1) to justify a referral instead of fixing costs.
The Divisional Court dismissed the motion, finding that while the Master's reasons were brief and did not explicitly state it was an exceptional case, the record and submissions supported the exercise of her discretion.
The court accorded deference to the Master and found no strong grounds to conclude she was plainly wrong.
