W. McLennan

The defendants brought a motion to dismiss the plaintiff's action for failing to timely pay prior costs awards, or alternatively, for an order requiring the plaintiff to post security for costs.

The court declined to dismiss the action, noting the costs orders had since been paid and the plaintiff's conduct was not contumelious.

The court also dismissed the request for security for costs, finding the defendants failed to prove the corporate plaintiff had insufficient assets in Ontario and that the defendants' delay in bringing the motion rendered such an order unjust.

The applicants sought a declaration that they were permitted to install solar panels on their home's roof despite a restrictive covenant requiring the developer's approval for any 'structures'.

The developer had demanded the removal of the partially installed solar panels.

The court found that while solar panels do constitute a 'structure' under the covenant, the covenant itself was unenforceable for uncertainty.

The provision gave the developer unfettered discretion to approve or reject structures without setting out any objective criteria.

Consequently, the applicants did not require the developer's approval to proceed with the installation.