W. Xavier Navarette

The applicant towing company sought a declaration that it was entitled to charge $70.80 per day for vehicle storage based on a contract with the regional police.

The respondent insurer argued the rate was capped at $60 per day by a municipal by-law.

The court found that the by-law clearly capped storage rates and did not contain an exception for police contracts.

The court also rejected the applicant's argument that the by-law was inconsistent with the Highway Traffic Act, finding no paramountcy issue.

The application was dismissed.

The Applicant landlord sought to terminate a commercial lease and obtain a Writ of Possession, arguing the Respondent tenant failed to timely exercise its renewal option and breached lease terms.

The Respondent cross-applied for a declaration of valid renewal or relief from forfeiture.

The court found the tenant's renewal notice was submitted out of time, rendering it null and void, and dismissed the tenant's request for equitable relief from forfeiture, emphasizing strict compliance with renewal provisions in commercial leases.

The self-represented appellant appealed two Small Claims Court decisions arising from an auto repair dispute: a costs order following a successful nonsuit motion by one defendant, and a final order dismissing the action against the remaining defendants.

The Divisional Court dismissed the appeal, finding that the costs appeal required leave which was not sought, and that the trial judge made no palpable and overriding errors.

The court also rejected the appellant's allegations of procedural unfairness and judicial bias, noting the trial judge properly managed the proceeding and the appellant's unreasonable conduct.