Shawn Pulver

The appellant appealed a decision upholding a municipal by-law that restricted the operating hours of licensed body rub parlours.

The appellant argued the City acted unreasonably and lacked sufficient evidence connecting the nuisance to licensed operations.

The Court of Appeal dismissed the appeal, noting that under section 213 of the City of Toronto Act, 2006, the by-law is not reviewable on the ground of reasonableness, and finding no palpable or overriding error in the application judge's evidentiary findings.

The appellant appealed a trial judgment finding it breached a marketing agreement by unilaterally reassigning four counties from the respondent's territory.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the respondent had complied with its obligation to develop the market to the extent possible, that the entire agreement clause governed over prior understandings, and that extrinsic evidence properly identified the nine counties as the respondent's work zones.

Following the disposition of the merits of the appeal on September 25, 2006, the Court of Appeal issued a supplementary endorsement regarding the costs of the application in the court below.

The court set aside the costs order below and awarded the appellants costs of the application fixed at $10,000 all-inclusive.

The appellants appealed a decision finding that their conduct in registering a condominium declaration with a bifurcated common expense formula was oppressive.

The formula exempted undeveloped parcels from contributing to the maintenance of a ring road.

The Court of Appeal allowed the appeal, holding that the declaration did not conflict with the Condominium Act, as the Act requires owners to contribute in the proportions specified in the declaration.

Furthermore, the developer's conduct was not oppressive because the formula was fully disclosed to purchasers before they bought their units, and it served a legitimate business purpose related to the staged nature of the development.