24 total
Fraudulent land severance scheme cannot support building permit.
The applicant sought an order compelling the municipality to issue a building permit for a parcel created through a series of intra-family conveyances designed to circumvent the Planning Act.
The court examined whether the parcel constituted a valid lot and whether the municipality could refuse the permit under the Building Code Act on the basis of contravention of other applicable law.
The court held that the initial conveyances forming the root of title were fraudulent and constituted a deceit upon the Planning Act because the purported vendors were never owners of the land.
As a result, the deeds were invalid and could not create a valid chain of title or be cured by the 40‑year rule, Planning Act statements, or subsequent conversion to land titles.
The court concluded that the building permit application was the “fruit from the poisoned tree” and refused to grant relief.
Liquor licence suspended for 10 days on consent for capacity and service hours violations.
The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent and to add a condition to the licence.
The parties proceeded by way of an Agreed Statement of Facts and a Joint Submission on Disposition.
The licensee admitted to violations of the Liquor Licence Act regulations, including failing to clear signs of service within 45 minutes, exceeding the licensed capacity, and breaching conditions regarding patio doors and monitoring.
The Board accepted the joint submission and ordered a 10-day suspension of the liquor licence.
Nurse suspended for three months and reprimanded for verbally and physically abusing an elderly client.
The Member, a Registered Practical Nurse, faced allegations of professional misconduct for verbally and physically abusing an elderly client with dementia.
The Member admitted to the allegations, acknowledging that she responded angrily, used inappropriate language, and roughly handled the client, causing a skin tear.
The Discipline Committee accepted an Agreed Statement of Facts and found the Member committed professional misconduct.
Accepting a joint submission on penalty, the Committee ordered a three-month suspension, a reprimand, and the completion of anger management and abuse prevention programs.
Insurer ordered to reinstate weekly income benefits as applicant remained unable to work as dental assistant.
The applicant was injured in a motor vehicle accident and received statutory accident benefits, including weekly income benefits, which the insurer terminated on the basis that she was no longer substantially unable to perform the essential tasks of her pre-accident employment as a dental assistant.
The insurer relied on surveillance evidence and an independent medical examination suggesting she could return to work.
The arbitrator preferred the evidence of the applicant's treating professionals, finding that she remained unable to perform the specific, sustained physical tasks required of a dental assistant.
The applicant was awarded ongoing weekly income benefits, outstanding housekeeping expenses, and arbitration expenses.