4 total
Minor deadline breach cured; defence and counterclaim reinstated for merits adjudication.
The moving parties sought relief from automatic striking of their Statement of Defence and Counterclaim after delivering a response for particulars two days late under a prior consent order.
The responding party opposed and pursued default judgment based on strict non-compliance.
Applying Rules 3.02 and 1.04, and guided by appellate authority on extensions and merits-based adjudication, the court granted a retroactive extension and reinstated the pleading.
The court characterized the breach as minor, found no prejudice to the responding party, and held the interests of justice favoured determination on the merits.
No costs were awarded.
Timetable established on consent for a reference to determine damages for breach of a solar lease.
Following a finding that the defendants breached a Solar Development Lease Agreement, a case conference was held to schedule a reference to determine damages and prejudgment interest.
The court established a timetable on consent for the delivery of records, cross-examinations, and factums, with a further case conference scheduled to ensure the parties remain on track.
Summary judgment granted against homeowners who improperly terminated solar lease and diverted revenue payments.
The plaintiff solar energy company brought a motion for summary judgment against the defendant homeowners for breach of a 20-year Solar Development Lease Agreement.
The defendants had terminated the agreement and redirected revenue payments to themselves after the plaintiff refused to pay the registration costs for postponing its security interest to allow the defendants to refinance their property.
The court found that the plaintiff had no obligation to pay the postponement costs and that the defendants breached the agreement by diverting the revenue.
Summary judgment was granted in favour of the plaintiff, with a reference ordered to determine the quantum of damages.
Application to invalidate condominium board elections over technical, non-prejudicial breaches was dismissed.
The applicant, a condominium unit owner, brought an application seeking various orders against the condominium corporation and its directors, including compliance with the Condominium Act, invalidation of board elections, appointment of an inspector, and damages.
The applicant alleged numerous technical breaches of the Act and regulations, as well as mismanagement.
The court found that the alleged breaches were largely formalistic errors that caused no substantive prejudice or harm.
The court dismissed the application, emphasizing that technical breaches without demonstrated prejudice do not warrant the remedies sought, and declined to award damages or appoint an inspector due to lack of evidence of financial impropriety.
