Written on September 28, 2012.
The Supreme Court of Canada, in Catalyst Paper Corp. v. North Cowichan (District), 2012 SCC 2, [2012] 1 S.C.R. 5, confirmed the test for judical review of a municipal by-law: “The applicable standard of review is reasonableness. The power of the courts to set aside municipal bylaws is a narrow one…The critical question is what […]
Written on September 17, 2012.
The Court of Appeal for Ontario has recently set forth a helpful review of when delay is fatal to an action, even when prejudice to the defendant is absent, in its decision in 1196158 Ontario Inc. v. 6274013 Canada Limited, 2012 ONCA 544 (CanLII), in which it states: “Modern civil procedure recognizes the need to […]
Written on August 29, 2012.
In a decision released on August 10, 2012, by the Honourable Justice DiTomaso of the Ontario Superior Court of Justice, counsel for the defendant municipality did the near impossible. He managed to obtain Summary Judgment notwithstanding the Court of Appeal decision in Combined Air, AND overcome the obstacles from several years’ worth of caselaw which had watered-down […]
Written on August 28, 2012.
In Mark v Guelph and Wellington County 2012 ONSC 3510, the Honourable Justice Mossip held the defendant municipal road authority 100% liable for failing to maintain the highway in a reasonable state of repair, and awarded the Plaintiff damages of $1.9 million. The key facts which supported the finding of liability were: • A […]
Written on June 11, 2012.
The Court of Appeal for Ontario, on June 7th, 2012, dismissed the appeal of the City of Oshawa and Township of Scugog in Deering v. Scugog (Township) et. al.. Interestingly, the Plaintiff’s cross appeal against the 30% finding of contributory negligence was also dismissed, and costs were awarded to the unsuccessful appellants in the sum of […]
Written on June 11, 2012.
A British Columbia town has banned ice cream trucks from broadcasting their iconic song. A bylaw recently approved by West Kelowna district council forbids the traditional, chiming music that ice cream truck drivers use to attract customers. Read more: http://www.ctv.ca/CTVNews/TopStories/20120526/ice-cream-trucks-silent-bc-community-120526/#ixzz1xVEFOO8k