Zirjan Derwa

The applicant appealed the Township's refusal to issue a building permit for an accessory building on his waterfront property.

The Township argued the proposed building violated front yard setback requirements, despite being located in the side yard, because the applicant's grandfathered cottage was closer to the water than current standards allow.

The Superior Court of Justice applied a correctness standard of review and found the Township erred in its interpretation of the zoning by-law.

The court held that the by-law expressly permits accessory buildings in the side yard and that front yard requirements do not apply to side yard constructions.

The appeal was allowed and the permit was ordered to be issued.

The plaintiffs brought a proposed class action alleging a global price-fixing conspiracy by the defendants regarding airfreight shipping services.

The defendants brought a motion to stay the action as it related to absent foreign claimants, arguing the court lacked jurisdiction simpliciter.

The court granted the motion, finding that the real and substantial connection test should not be applied to establish jurisdiction over absent foreign claimants, as an Ontario judgment would not be recognized abroad, offending principles of order, fairness, and comity.

Alternatively, the court held that even if jurisdiction existed, it would decline it on the basis of forum non conveniens.