Trenton Dempsey Johnson

The applicants sought judgment to enforce the terms of a settlement reached at a judicial pre-trial regarding a disputed strip of land used as a farm access road.

The dispute centered on the precise location of a fence to be constructed as part of the settlement.

The court found that a binding settlement had been reached, memorialized in a written document, and that the parties' subsequent conduct confirmed their agreement.

The court rejected the respondents' arguments of misunderstanding or mistake, holding that there was no evidence of a lack of authority or misapprehension by counsel.

The court granted the motion, enforcing the settlement.

The appellants owned property adjacent to the respondents' property in Fergus, Ontario.

The respondents held an easement over part of the appellants' property providing interior access to the upper floors and roof of their own building.

The respondents sought to renovate their property for commercial and residential use, which included widening a third-floor door frame to create a fire exit and replacing doors to comply with building and fire regulations.

The appellants interfered with the easement and the respondents applied for declaratory and injunctive relief.

The application judge declared the easement valid and ordered the appellants not to interfere with the respondents' rights.

The appellants appealed, arguing the renovations impermissibly changed the use of the easement and that ancillary rights were void under the rule against perpetuities.

The Court of Appeal dismissed the appeal.

The court determined costs following the dismissal of a motion seeking to add additional defendants under Rules 5.04 and 26.01 of the Rules of Civil Procedure.

Proposed defendants sought recovery of their legal costs incurred responding to the unsuccessful motion.

The court assessed the reasonable costs expected for a half‑day motion involving complex issues of privity of contract but reduced the amounts claimed due to unnecessary costs arising from arguments raised or abandoned during earlier proceedings.

The court also considered the absence of responding evidence and the reasonableness of counsel’s hourly rates.

Costs were awarded to the proposed defendants in reduced amounts.

The plaintiff moved to amend its statement of claim to add several limited partners of a limited partnership as defendants in an action concerning repayment obligations connected to a promissory note and related agreements.

The proposed amendment alleged that the limited partners were liable through assumption agreements tied to the limited partnership’s debt obligations.

The court considered whether the plaintiff had a tenable cause of action based on privity of contract or under Rule 8 of the Rules of Civil Procedure permitting claims against limited partners.

The court held that the plaintiff lacked privity of contract with the limited partners and that Rule 8 is procedural and does not create substantive liability for limited partners.

As the proposed claims were clearly impossible of success, the motion to amend was dismissed.

Following a property dispute between rural neighbours concerning the scope of a registered right-of-way, the successful applicants sought partial indemnity costs after obtaining a declaration confirming they could access their lands at any point along the right-of-way.

The respondents argued there was divided success because the applicants failed to prove a prescriptive right and contended the case was close.

The court rejected the respondents’ characterization of the dispute and found that both parties, particularly the respondents, had taken intransigent positions that prolonged the litigation.

Although the applicants were entitled to costs, the court found the time spent by counsel excessive given the narrow issues and limited attendances.

Costs were reduced and fixed at a lower amount.