S. Bruce Durno

The appellants appealed a trial judgment that conducted an accounting between the parties following a failed joint venture in an excavating business.

The trial judge found the appellants owed the respondents a net amount of $3,271.60.

On appeal, the appellants argued the trial judge exhibited bias, ignored evidence, and decided the case on an unpleaded issue.

The Divisional Court dismissed the appeal, finding no bias, no reviewable error in the accounting, and that the pleadings broadly contemplated an accounting.

The respondents' cross-appeal for costs was also dismissed.

The appellant appealed a Social Benefits Tribunal decision that directed his retroactive disability benefits be paid to his ex-wife, who was the head of their 'benefit unit' prior to their separation.

The Divisional Court agreed with the Tribunal's interpretation that the benefits were for the benefit unit as a whole while the parties cohabited.

However, the Court found that the Director should have exercised administrative powers to ensure both parties received an equal share, given they were separated when entitlement was determined.

The Director was ordered to pay the appellant one half of the retroactive benefits.

The appellants appealed a trial judgment that offset their damages claim against the respondents' claim for unpaid wages, resulting in a net amount owed to the respondents.

The appellants argued the trial judge exhibited bias, improperly limited evidence, and decided the case on an unpleaded issue.

The respondents cross-appealed the trial judge's refusal to award costs to two dismissed defendants.

The Divisional Court dismissed both the appeal and the cross-appeal, finding no reasonable apprehension of bias, no reviewable error in the accounting, and that the pleadings were broad enough to encompass the accounting conducted.

The tenant appealed an order of the Ontario Housing Rental Tribunal terminating his tenancy for the landlords' personal use.

The tenant alleged procedural fairness breaches, including the member's refusal to grant an adjournment and reasonable apprehension of bias.

Due to a mechanical malfunction, no transcript or tape recording of the tribunal proceedings was available.

The Divisional Court held that the absence of a record made it impossible to fairly assess the tenant's grounds of appeal, thereby violating principles of natural justice.

The appeal was allowed, the tribunal's decision was set aside, and the matter was remitted for a new hearing before a different member.

The appellant appealed a motion judge's order to sell a commercial property under the Partition Act.

The appellant claimed an oral agreement existed where the respondent relinquished her 50% interest in exchange for grocery store inventory.

The Divisional Court found the motion judge erred by not allowing a further affidavit and by not ordering a trial of an issue regarding ownership, as the doctrine of part performance might defeat the Statute of Frauds.

The appeal was allowed in part, and a trial of an issue was ordered.