Tamara Elizabeth James Watson

The applicants sought to quash two municipal by-laws (2020.16 and 2020.57) enacted by the Township of Ramara concerning shorewall construction and maintenance in Lagoon City.

The applicants argued the by-laws were ultra vires, contrary to provincial statute (the Mara Act), and enacted in bad faith, primarily due to mandatory aesthetic concrete requirements that increased costs and the transfer of appeal powers from the Lagoon City Parks & Waterway Commission to the Township.

The court found the by-laws illegal as they were inconsistent with the Mara Act by removing cost considerations and appeal rights, and were enacted for a collateral purpose (imposing a concrete aesthetic and circumventing existing permit applications).

The court also found sufficient indicia of bad faith, including collusion, interference with municipal officers, and lack of proper public notice.

The by-laws were quashed, and the Township was ordered to grant the applicants' permit applications under the previous by-law.

This decision addresses two related appeals.

In the main appeal (C70874), Physicians’ Dialysis Center Inc. (PDC), and Drs.

George Wu and Gordon Wong appealed a trial judgment that found them unjustly enriched at the expense of Drs.

Perkins and Boll, and liable for general and punitive damages due to abuse of trust and breach of fiduciary duty.

The appellants argued errors in the interpretation of a Memorandum of Understanding (MOU) concerning compensation for clinic space and services, and that the claims were statute-barred.

The Court of Appeal dismissed this appeal, upholding the trial judge's findings on unjust enrichment, contract interpretation (clarifying payments were for overhead, not extra billing), and the application of the limitations period.

In the second appeal (COA-22-CV-0392), Dr. Donald Kim appealed the denial of his share in interpleaded funds, and this appeal was granted.

This is a costs endorsement following an appeal.

The Court of Appeal for Ontario fixed the costs of the appeal in the amount of $15,000, all-inclusive, payable by the appellants to the respondent within 30 days of the endorsement's release.

The appellants sought an adjournment of their appeal, citing illness and lack of preparation, which was denied by the Court of Appeal.

The court proceeded with the appeal in writing, finding it to be without merit and brought primarily for delay.

The court upheld the application judge's finding that the lease was properly terminated and that the tenants owed rent arrears, dismissing the appeal with costs.