The defendant held a second mortgage on M’s property. M told her that he was planning to refinance and asked her if she would postpone her mortgage to give the new mortgagee priority. The defendant refused to do so. M’s company then gave a mortgage to the plaintiff, and the first mortgage was paid out.… Continue reading L-Jalco Holdings Inc. v. MacPherson 2017 ONSC 4055
“The plaintiffs retained H as their real estate agent for the sale of their home. H was asked by the defendants Mr. and Mrs. F to present an offer, and these defendants also retained H as agent to sell their own home. After negotiations, the plaintiffs accepted an offer at a selling price of $380,000.… Continue reading Harland v. Fancsali, 13 O.R. (3d) 103 [1993] O.J. No. 961
The defendant published comments about the plaintiff on Facebook describing him as an extortionist who was obsessed with becoming a millionaire. The plaintiff sued the defendant for damages for defamation. Held, the action should be allowed. The statements complained of were defamatory. The plaintiff was awarded general damages in the amount of $15,000… Continue reading Kumar v. Khurana, 2015 ONSC 7858
Nuisance is a common law tort, and it is a form of strict liability that is not concerned with fault or misconduct. Rather, it is a social ordering law based on imposing responsibility or legal liability when an owner’s use of his or her property unreasonably interferes with the use and enjoyment of land by… Continue reading Freedman v. Cooper, 2015 ONSC 1373
The parties’ father, DF, made three transfers of money to the defendant and made a bequest to her of his Canada Savings Bonds. The first transfer involved the proceeds of a mature bond, which were used to purchase a GIC in the defendant’s name. When the GIC matured, the principal and interest were deposited into… Continue reading Foley v. McIntyre, 2015 ONCA 382
The plaintiff was injured while working as a go-kart race director when a driver crashed into hay bales lining a corner of the track. The plaintiff had signed a waiver which purported to release his employer from liability for damages associated with participation in the event due to any cause. The plaintiff, who was an… Continue reading Fleming v. Massey, 2016 ONCA 70
The plaintiff and the defendant had a close personal and romantic relationship of some duration. After the 18-year-old plaintiff went away to university, the defendant pressured her to provide him with an intimate video of herself, assuring her that only he would see it. She reluctantly did so. The same day he received it, the… Continue reading Doe 464533 v. D. (N.), 2016 ONSC 541
In 1997, the plaintiff purchased a condominium unit and a parking space. The lawyers for the applicant and the vendor inadvertently neglected to include a conveyance of the parking space. The applicant discovered the error in 2015, but was unable to locate the vendor. He brought an application for a declaration that he owned the… Continue reading Chopra v. Vincent, 2015 ONSC 3203, Superior Court of Justice, Dunphy J. May 20, 2015
The plaintiff franchisor sued the defendant franchisees for a declaration that the franchise agreement was at an end and damages for breach of contract. The franchisees counterclaimed, claiming rescission of the franchise agreement under s. 6(2) of the Arthur Wishart Act (Franchise Disclosure), 2000 on the basis of the franchisor’s failure to disclose the existence… Continue reading Caffé Demetre Franchising Corp. v. 2249027 Ontario Inc., 2015 ONCA 258
The agreement of purchase and sale (“APS”) for a residential property provided that the sellers represented and warranted that to the best of their knowledge and belief, the property had not been used for the growth or manufacture of illegal substances. Before closing, the purchaser discovered that the property had housed a marijuana grow operation… Continue reading Beatty v. Wei 2017 ONSC 3478
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