Scott Michael John Rollwagen

The appellant landowner sued a municipality alleging constructive taking of approximately 965 acres of vacant land, claiming the municipality's refusal to initiate a secondary planning process — combined with alleged encouragement of public use of the lands as a park — amounted to a de facto expropriation without compensation.

The majority (5-4) held that the CPR test for constructive taking requires only that a public authority acquire a 'beneficial interest' understood broadly as an 'advantage' (not necessarily a proprietary interest), and that the municipality's intention may be a relevant material fact.

The majority restored the motion judge's order allowing the constructive taking claim to proceed to trial, finding genuine issues of material fact.

The four dissenting justices would have dismissed the appeal, holding that CPR requires acquisition of a proprietary interest and that intention is irrelevant to the de facto taking analysis.

The appellants (Fasco) appealed a motion judge's decision to strike their defences to claims for contribution and indemnity by the respondent (Venmar) based on res judicata and abuse of process.

The underlying dispute involved two separate house fires, six years apart, both allegedly caused by a defective heat recovery ventilation unit (HRV) manufactured by Venmar, containing a motor manufactured by Fasco.

The motion judge had found that prior Quebec litigation concerning the first fire precluded Fasco from raising certain defences in the Ontario actions.

The Court of Appeal allowed Fasco's appeal, finding that the motion judge erred by not applying the "plain and obvious" test, and incorrectly concluded that the causes of action and issues were identical between the Quebec and Ontario proceedings, particularly given the different factual contexts (e.g., Venmar's evolving knowledge of defects) and the contractual indemnity defence Fasco sought to raise.

The court also noted that the motion judge should have considered the timeliness of Venmar's motion.

This decision addresses the costs arising from two applications brought by the Town of Oakville that were struck out by the court.

Clublink, the successful party, sought $137,903.70 in partial indemnity costs, while the Town argued for no costs or, alternatively, $30,000.

The court rejected the Town's arguments for denying costs, noting that the Town's counter-applications created an unnecessary multiplicity of proceedings.

While acknowledging the extensive litigation context and the involvement of multiple senior counsel, the court found Clublink's requested costs excessive for a relatively straightforward motion to strike.

Applying principles of fairness, reasonableness, and proportionality under the Courts of Justice Act and Rule 57.01, the court fixed costs on a partial indemnity basis at $65,000, inclusive of disbursements and HST.

A priority dispute arose between Royal Bank of Canada (RBC), a secured creditor of bankrupt contractor A-1 Asphalt Maintenance Ltd., Guarantee Company of North America (GCNA), a bond company and secured creditor, and certain employees represented by unions.

The central issue was whether funds paid to the receiver by owners, which constituted "trust funds" under section 8 of the Construction Lien Act (CLA), were excluded from the bankrupt's estate available to creditors pursuant to section 67(1)(a) of the Bankruptcy and Insolvency Act (BIA).

The motion judge found the funds were not excluded and were available for distribution.

The Court of Appeal allowed the appeal, holding that provincially created statutory trusts satisfying general principles of trust law are preserved from distribution to ordinary creditors under the BIA.

In a negligence appeal arising from an auditor’s failure to detect corporate fraud, the Court applied the Anns/Cooper framework to pure economic loss claims for negligent misrepresentation and negligent performance of a service.

The Court held that liability must be confined to losses that fall within the purpose of the defendant’s undertaking and the plaintiff’s reasonable reliance.

It found no recoverable loss tied to services provided for investment solicitation, but upheld liability for losses flowing from a negligent statutory audit prepared for shareholder oversight.

The appeal was allowed in part, and damages were reduced to reflect only losses causally connected to the statutory audit.

The Court dismissed Google’s appeal and upheld a worldwide interlocutory injunction requiring de-indexing of websites used to sell products in breach of court orders.

The majority held courts may grant global injunctive relief against a non-party where necessary to prevent ongoing irreparable harm and where balance of convenience favours relief.

The dissent agreed jurisdiction existed but would have refused the order as effectively final, insufficiently proven effective, and available alternatives remained.

The appellant tenant appealed an order quashing its appeal from an arbitration award determining fair market rental under a 99-year ground lease.

The central issue was whether the parties' appeal rights were limited to questions of law with leave, as provided in the Arbitration Act, 1991, or whether broader appeal rights existed under the original Lease provisions referencing the Arbitrations Act, R.S.O. 1970.

The Court of Appeal upheld the motion judge's decision, finding that the Arbitration Agreement was a stand-alone agreement governing appeal rights and that the parties' appeal rights were limited to questions of law with leave under the 1991 Act.