Terrence Howard Hill

The Court of Appeal dismissed the appeal for the reasons given by the Divisional Court and awarded fixed costs to the respondent.

The Court of Appeal for Ontario determined it lacked jurisdiction to hear an appeal originating from an application under the Land Titles Act, as appeals under that Act lie to the Divisional Court.

Consequently, the appeal was transferred to the Divisional Court pursuant to the Courts of Justice Act.

No costs were awarded.

The applicants initiated a proceeding by application seeking declarations and substantial damages related to an anaerobic digester, and subsequently moved to add a party and for injunctive relief to prevent the digester's reactivation.

The court found the application procedurally inappropriate and outside its jurisdiction under the Rules of Civil Procedure, particularly due to the presence of material facts in dispute and the complex nature of the claims (nuisance and negligence).

Consequently, the court converted the application into an action, directing the applicants to file a Statement of Claim, and denied the immediate injunctive relief on the basis that it was not available in an improperly commenced application.

The appellant, Hummel Properties Inc., appealed a lower court decision that dismissed its application to quash interim control by-laws enacted by the Town of Niagara-on-the-Lake.

The by-laws prohibited the subdivision of land, including condominium creation, and were challenged on grounds of illegality (not relating to "land use" under the Planning Act, infringing s. 38(7) by applying a second interim control by-law, and illegal process) and bad faith.

The Court of Appeal found that the by-laws were illegal because they purported to control land division, not land use, and violated s. 38(7) by applying a second interim control by-law to the same land.

The court also found errors in the application judge's assessment of the process and bad faith.

The appeal was allowed, the by-laws quashed, and the matter remitted to the Superior Court for a trial on damages for negligent misrepresentation and misfeasance in public office.

The applicants sought to set aside a motion judge's order dismissing their application for leave to appeal under s. 131(1) of the Provincial Offences Act, arguing jurisdictional error.

The Court of Appeal dismissed the application, finding it barred by s. 131(3) of the POA, which prohibits appeals or reviews from leave decisions.

The court also found no jurisdictional failure even if the cited precedent applied.

The defendant moved to dismiss the plaintiff's personal injury action due to the plaintiff's refusal to answer questions on examination for discovery and disruptive, incoherent conduct.

The court found the plaintiff's behavior, consistent with a serious psychological or psychiatric issue, rendered further discovery futile.

The action was conditionally stayed, allowing the plaintiff six months to seek to lift the stay if represented by a litigation guardian.

Prejudgment interest was stayed, and the plaintiff was ordered to pay the defendant's costs of $5,000.