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==Courts of Justice Act, R.S.O. 1990, c. C.43== ...e a police officer to accompany the sheriff and assist in the execution of the order. R.S.O. 1990, c. C.43, s. 141. ...

[[Category:Ontario Courts]] * Brantford is part of the Central West Region ...

===[[:Category:The Courts | The Courts]]=== ...tree style="column-count:3;-moz-column-count:3;-webkit-column-count:3">The Courts</categorytree> ...

...person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. ...ction to obtain such remedy as the court considers appropriate and just in the circumstances. ...

==Courts of Justice Act, R.S.O. 1990, c. C.43<ref name="CJA"/>== ...rior Court of Justice orders otherwise because it is necessary to do so in the interests of justice. 1994, c. 12, s. 7; 1996, c. 25, s. 9 (14). ...

[[Category:The Courts]] ...

[[Category:Ontario Courts]] ==Contacting the Court== ...

==Regulations Under the Courts of Justice Act:== *[https://www.ontario.ca/laws/regulation/900200 Rules of the Ontario Court (Provincial Division) in Provincial Offences Proceedings (R.R ...

==Courts of Justice Act, R.S.O. 1990, c. C.43== 10 (1) The Ontario Court of Justice is continued under the name Court of Ontario in English and Cour de l’Ontario in French. ...

==R.R.O. 1990, Reg. 200: RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS{{ORE 7. (1) An application provided for by the Act or these rules shall be commenced by notice of application. ...

==[https://www.ontario.ca/laws/statute/90c43#BK183 Courts of Justice Act, R.S.O. 1990, c. C.43]== ...ument filed in a civil proceeding in a court, unless an Act or an order of the court provides otherwise. ...

...is also possible that Marshall has a remedy pursuant to the provisions of the Sale of Goods Act.<ref name="SalesofGood"/> <ref name="CJA">Courts of Justice Act, R.S.O. 1990, c. C.43, <https://www.ontario.ca/laws/statute/ ...

...(H.C.J.). No doubt unanimity on this question continues to evade Ontario courts in 2012. ...e of no authorities which analyze this question in any depth as applied to the Small Claims Court. Nor am I aware of any appellate decisions on this poin ...

[[Category:Ontario Courts]] * Barrie is part of the Central East Region ...

[[Category:Ontario Courts]] * [[Justices of the Peace (ON)]] ...

[[Category:Ontario Courts]] ...e kind of enforcement request, such as a Notice of Garnishment, along with the Order to be Enforced. Ottawa SCSM does not allow you to generate an SCSM nu ...

==[https://www.ontario.ca/laws/statute/90c43/v30#BK20 Courts of Justice Act, R.S.O. 1990, c. C.43]== ...urt of Justice designated by the regional senior judge in the region where the deputy judge sits. ...

[[Category:Ontario Courts]] ...y, and contact the trial coordinator with your availability and details of the motion. ...

...ts of Justice Act, a fine for contempt does not go to the plaintiff but to the Crown. ..., Mr. Faisal Mehboob, has expressed his remorse and provided an apology to the Court for his conduct. ...

[[Category:Ontario Courts]] * guelph.SCJ.courts@ontario.ca (Superior Court Clerk) ...

...is the primary forum for judicial review of government action in Ontario. The Divisional Court also has some jurisdiction regarding civil and family appe ...s to the Divisional Court are generally heard in the judicial region where the matter originally arose. A proceeding is usually heard and decided by a pan ...

...r where the proceeding was commenced a requisition together with a copy of the order as entered. :(2) Where the property is not delivered up under a writ of delivery, the order may be enforced by a writ of sequestration (Form 60B) under rule 60.0 ...

[[Category:Ontario Courts]] ===The Guide Concerning e-Delivery of Documents in the Ontario Superior Court of Justice=== ...

==Courts of Justice Act, R.S.O. 1990, c. C.43== 95 (1) This Part applies to civil proceedings in courts of Ontario. ...

...d for it, and not on the conclusion the court itself would have reached in the administrative decision maker’s place.</b></u> ...also Dunsmuir, at paras. 62-64; McLean, at para. 22) in order to identify the appropriate standard.</b></u> ...

...ew that applies on judicial review cannot then be rebutted by reference to the statutory appeal mechanism.</b></u> ...sures that courts are able to provide the last word on questions for which the rule of law requires consistency and for which a final and determinate answ ...

...is claimed at the rate of 4.3% compounded. The rate is not objected to but the compounding is. ...ilable to it. Alternatively, it should be presumed that the wrongdoer made the most beneficial use of it. See <i>Air Canada v. Ontario (Liquor Control Boa ...

...of whether the illegality of the Termination for Cause provision rendered the Termination of Employment with Notice provision unenforceable. ...e="Wood"/> The following points from that summary are particularly apt for the purposes of this appeal: ...

The following is not legal advice, it is a guide for educational purposes only. ===Courts of Justice Act, R.S.O. 1990, c. C.43=== ...

...of whether the illegality of the Termination for Cause provision rendered the Termination of Employment with Notice provision unenforceable. ...e="Wood"/> The following points from that summary are particularly apt for the purposes of this appeal: ...

===[https://www.ontario.ca/laws/statute/90c43/v30#BK20 Courts of Justice Act, R.S.O. 1990, c. C.43]=== 21 (1) A proceeding in the Divisional Court shall be heard and determined by three judges sitting toge ...

<center>Courts of Justice Act</center> ...rd on (date)), at (place), (recite any particulars necessary to understand the order). ...

==Courts of Justice Act, R.S.O. 1990, c. C.43== ...overy of possession of personal property is claimed and it is alleged that the property, ...

==O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT<ref name="O. Reg. 258/98"/>== :(10) A notice of examination (Form 20H) shall be served by the creditor on the debtor or person to be examined personally as provided in rule 8.02 or by a ...

...of success and/or where the appeal can be said to be an abuse of process: Courts of Justice Act, R.S.O. 1990, c. C. 43, s. 134(3) (“CJA”); Lesyork Holdi ...matter, and are frankly, frivolous or vexatious and constitute an abuse of the court. ...

[[Category:Ontario Courts]] ** Responsible for the entire South-West Region ...

[[Category:Ontario Courts]] The counter is only open from 9-11 a.m. and then 2-4 p.m. ...

...es), but are implied by the court, by reference to the complete history of the employer-employee relationship. ...in each particular case.</span> The relationship of master and servant in the modern corporate world cannot be determined as though that relationship con ...

...e of the defendant since no inconsistency is introduced into the fabric of the law in making such an award. ...hould be entitled to deny recovery in tort to a plaintiff on the ground of the plaintiff's immoral or illegal conduct. It would also introduce a series o ...

==Courts of Justice Act, R.S.O. 1990, c. C.43<ref name="CJA"/>== ...penalize a party or a party’s representative for unreasonable behaviour in the proceeding. R.S.O. 1990, c. C.43, s. 29; 2006, c. 21, Sched. C, s. 105 (2) ...

...sinesses/confirming-a-gst-hst-account-number.html Verify a HST number with the Canada Revenue Agency] ...raffic-tickets-and-fines-online-or-request-meeting-resolve-your-case Check the status of traffic tickets and fines] ...

* [[:Category:The Courts |Courts and Tribunals]] * [[:Category:Ministries of the Ontario Government |Ministries of the Ontario Government]] ...

...rd and determined or is abandoned or is dismissed for want of prosecution, the court may make any order with respect to costs that it considers just and r ...lerk to the person entitled to them, and shall fix the period within which the costs shall be paid. ...

...o a modern case in the Supreme Court of Canada dealing with consortium and the bases of Ontario jurisdiction: ...Ontario and concluded that there was not. At p. 7 O.R., p. 350 D.L.R., of the Court of Appeal judgment Schroeder, J.A., says: ...

...similar facts and my research has not revealed one. This case is possibly the first. ...blished and developing legal grounds that support the proposition that the courts can and should provide civil recourse for individuals who suffer harm arisi ...

[13] The relevant contract principles are as follows: ::i. <u>The plain, literal and ordinary meaning of a written contract shall be given ef ...

[32] In Soulos, at para. 45, the Supreme Court outlined <b><u>four conditions that should generally be satis ...urts of equity have enforced, in relation to the activities giving rise to the assets in his hands; ...

...te proceedings. In the Attorney General of Canada’s view, that is in fact the case in this appeal. ...ne adopted by the Court in that case would have no legal basis in light of the case’s status as a precedent</b></u> <i>(Canada (Procureur général) v. ...

...rder, finding that the trial judge had erred by making findings of fact on the motion. ...mary judgment is not available under the Small Claims Court Rules but that the motion judge's decision is nonetheless sustainable under rule 12.02. Facts ...

* [[:Category:Ontario Courts | Ontario Courts]] ...appeal the order to the Divisional Court within 30 days after being given the order, but only on a question of law. ...

...016 by cheque “under protest” prior to the commencement of this action and the lien has been discharged.. ...nt of trial that this claim was withdrawn. There is also no dispute about the legitimacy of YCC 34’s assessment of $767.70. ...

...to play in the delay in securing trial dates. As already noted, we dismiss the Crown’s application to adduce statistical evidence on appeal. ...sits. We see no error in her conclusion that the pandemic had no impact on the scheduling of this case. ...

...49 CanLII 221 (BC CA), (1949) 3 D.L.R. 798 (B.C. C.A.)] the court said, on the subject of discretion but in a context other than bankruptcy, at p. 812: ...cretion, but it is in truth a failure to exercise discretion at all. <b><u>The discretion must be exercised judicially according to common sense and justi ...

...the other judges of the Federal Court in the sense that failing to follow the decision of a colleague is an error which justifies appellate intervention. ...court can do when this happens is to eliminate the uncertainty by settling the question of law (Allergan at para. 53). <b><u>There is no legal sanction fo ...

...ant by the simple disclosure of the photographs by the Landlord’s staff to the Landlord’s paralegal. ...as proof, in the absence of evidence to the contrary, of the by-law or of the statements contained in such certificate. R.S.O. 1990, c. C.38, s. 323. ...

...ranted sparingly and the party seeking the relief bears the onus of making the case for it.</b></u> [http://canlii.ca/t/flc8b (Ontario (Attorney General) ...nd the damage caused by the breach</u>: [http://canlii.ca/t/h5w8p Kozel v. The Personal Insurance Company, 2014 ONCA 130, at para. 31; Shah v. Southdown T ...

...ce, and, upon the request of a party, will normally grant such an order: The rationale for making such an exclusion order is as follows: ...008 BCHRT 293 (CanLII) at paras. 753-754 and Sopinka, Lederman and Bryant: The Law of Evidence in Canada, 2nd ed. (Markham: Butterworths, 1999) at para. 1 ...

...zed to act as a bailiff under court process, shall act as a bailiff unless the person is appointed under this Act and is not a person described in clause ==Courts of Justice Act, R.S.O. 1990, c. C.43== ...

...tephen"/>. I do not see a functional gap or vacuum in s. 38(2) of the CTA. The three-month period is clearly set out. ...ir trial between them”:</b></u> I. H. Jacob, “The Inherent Jurisdiction of the Court” (1970), 23 Curr. Legal Probs. 23, at p. 51, cited with approval in ...

...dinate jurisdiction to consider s. 33.1 to be unconstitutional, insofar as the doctrine of horizontal stare decisis so required. ...ainty, correctness and the even-handed development of the law. <b><u>Trial courts should only depart from binding decisions issued by a court of coordinate j ...

3. The degree of fault of an insured is determined without reference to, ...ident occurs, including weather conditions, road conditions, visibility or the actions of pedestrians; or ...

...a reasonable doubt that Mr. Pintea had actual knowledge of the Orders for the case management meetings he failed to attend.</b></u> ...The respondents concede that the requirements of Rule 10.52(3)(a)(iii) of the Alberta Rules of Court, Alta. Reg. 124/2010, were not met with respect to t ...

==O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT<ref name="258/98"/>== ...photocopying and experts’ reports, paid by the unsuccessful party, unless the court orders otherwise. O. Reg. 78/06, s. 38 (1); O. Reg. 440/10, s. 3 (1) ...

...th the government and its programs and policies). Compelled association in the form of legal obligations arising from these unavoidable types of associati ...y applies, however, so long as the association is acting in furtherance of the cause which justified its creation (Lavigne, supra at 328-29; Advance Cutti ...

8 Everyone has the right to be secure against unreasonable search or seizure. ...ction to obtain such remedy as the court considers appropriate and just in the circumstances. ...

3. Rule 20.05 of the Small Claims Court Rules, O.Reg. 258/98, provides as follows: ...t of that person or someone acting on that person’s authority stating that the property has not been delivered. ...

...tute/90m56 Freedom of Information and Protection of Privacy Act] (FIPPA or the Act): ...s & telephone number. I am requesting that information. The information of the requestor… ...

==[http://canlii.ca/t/1qdbs Forensic Support Services Inc. v. Out Of The Cold Resource Centre Inc., 2007 CanLII 1864 (ON SC)]== ...l activity. The head note from the law report provides a useful summary of the Court’s policy concerns: ...

...e a court or tribunal. The process of giving evidence through testimony is the process of walking a judge or adjudicator through a timeline of events. ==The Goals (Legal Proceedings)== ...

[[Category:Ontario Courts]] Small Claims Court Services: kitchener.scj.courts@ontario.ca ...

B. Reasonableness Review Is Concerned With the Decision-making Process and Its Outcomes ...2, [2012] 1 S.C.R. 5, at para. 10; Reference re Remuneration of Judges of the Provincial Court of Prince Edward Island, 1997 CanLII 317 (SCC), [1997] 3 S ...

...s undesirable and provides a compelling underlying reason for finding that the common law itself does not mandate absolute immunity.</u> ...remedy</b></u>, the Applicants submit that to deny them the right to argue the appropriate remedy is to deny their constitutional right to judicial review ...

...e Act to award costs, the court may consider, in addition to the result in the proceeding and any offer to settle or to contribute made in writing, ...awyer for the party entitled to the costs as well as the rates charged and the hours spent by that lawyer; ...

14.05 (1) The originating process for the commencement of an application is a notice of application (Form 14E, 14E.1, :(2) Rules 38.02 and 38.09 do not apply to applications to the Divisional Court. R.R.O. 1990, Reg. 194, r. 38.01 (2). ...

[[Category:Ontario Courts]] ...iocourts.ca/scj/notices-and-orders-covid-19/notice-nw/ Northwest Notice to the Profession] ...

1. This case poses the question: did the plaintiff make a loan or a gift to the defendant? ...>33. In order to determine whether the transaction is one of loan or gift, the issue requires a resulting trust analysis.</b></u> ...

...ent of parties or by law, and no rate is fixed by the agreement or by law, the rate of interest shall be five per cent per annum. ...an express statement of the yearly rate or percentage of interest to which the other rate or percentage is equivalent.</b></u></span> ...

...this issue is not binding upon me, I regard it as persuasive authority on the issue. I agree with Chevron Canada’s submission that his findings on this ...aw or fact” to pierce Chevron Canada’s corporate veil.[9] He also rejected the plaintiffs’ assertion that Chevron Canada’s assets were exigible to sat ...

==Courts of Justice Act, R.S.O. 1990, c. C.43<ref name="CJA"/>== ...aims Court is continued as a branch of the Superior Court of Justice under the name Small Claims Court in English and Cour des petites créances in French ...

| categories = The Charter ==The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c 11<ref name="Charter-24"/>== ...

(c) The “clean hands” doctrine ...ntitles Nesbitt to equitable remedies because Nesbitt does not come before the court with “clean hands.” ...

==Kingston and the Islands Boatlines Ltd. v., 2018 ONSC 2083 (CanLII)<ref name="Kingston"/>== [36] As explained in Paul M. Perell & John W. Morden, <i>The Law of Civil Procedure in Ontario, 3rd. ed.</i> (Toronto: LexisNexis Canada ...

==Courts of Justice Act, R.S.O. 1990, c. C.43<ref name="CJA"/>== ...e two or more proceedings are pending in two or more different courts, and the proceedings, ...

...forms.</b></u> It was developed by the courts to protect the integrity of the adjudicative process: <i>Intact Insurance v. Federation Insurance Co. of Ca ...he court’s inherent jurisdiction. As Arbour J, writing for the majority of the Supreme Court of Canada (LeBel J. and Deschamps J. concurring), stated in < ...

[[Category:Ontario Courts]] ==Notice to the Profession – Central South Region Re: Civil, Family, Criminal Expansion== ...

...v. Dexleigh Corp., 1990 CanLII 6935 (ON SC), at para. 36, Henry J. adopted the following apt description of valuation proceedings: ...f valuation, or to a formula or equation which will produce an answer with the illusion of mathematical certainty. Each case must be examined on its own f ...

...cedural because it purported to extinguish the remedy, but not the right. The court expressly relied on policy reasons for its decision. It stated at pp ...oubt. If there is any doubt, the doubt should be resolved by holding that the legislation is substantive."</i> ...

...Act for life tenancies and the Divisional Court has explicitly recognised the Act applies to them in <i>Bory v. Bory, 2016 ONSC 526</i><ref name="Bory"/> ...the tenant dies, the end of the term of the tenancy is unknown. That means the tenancy here is capable of being terminated under s. 100 for an unauthorize ...

...which the plaintiff bases her claim was prohibited and therefore illegal. The Court will therefore not give its aid to enforce it. ...ection trumps everything else. Therefore in the circumstances of this case the plaintiff cannot succeed in her Claim.</b></u> ...

...188 (ON CA), 20 O.R. (3d) 457 (C.A.)</i><ref name="Columbus"/>, at p. 464. Courts have insisted on strict compliance with this requirement: Columbus, at p. 4 [11] The issue in this appeal is the precise nature of the requirement for “compensation in money” as outlined in s. 19(2). ...

Held (Moldaver, Côté and Brown JJ. dissenting): The appeal should be dismissed. ....J. and Abella, Karakatsanis, Gascon, Rowe and Martin JJ. was delivered by The Chief Justice and Gascon J. — ...

...asonably in not consenting to an order, had Mr. Bowden been more diligent, the motion would likely not have been needed. Accordingly, I make no order as t ...t. <b><u>To be clear, a certificate of judgment is not required to perfect the appeal.</b></u> ...

[[Category:Ontario Courts]] * Email: Durham.OCJ.courts@ontario.ca or durham.scj.courts@ontario.ca ...

...he Tribunal determined that the applicant’s Code rights were violated when the respondent terminated her employment. ...an impact on the amount an applicant might be awarded as compensation for the injury to her dignity, feelings and self-respect.</b></u> See, <i>Tonoukoui ...

...vide for the licensing, regulating and inspecting of Short-term Rentals in the City of St. Catharines, <https://www.stcatharines.ca/en/by-laws-and-animal- ...which the plaintiff bases her claim was prohibited and therefore illegal. The Court will therefore not give its aid to enforce it. ...

==Courts of Justice Act, R.S.O. 1990, c. C.43<ref name="SCR-12"/>== Rule 12.02 - O. Reg. 258/98: Rule of the Small Claims Court ...

...ys had a translator with him... He also deposed that he did not understand the minutes of settlement” (at para. 1). ...nd unconcionability. The plaintiff also asserts her lawyer did not explain the release to her. ...

[46] The Newfoundland Court of Appeal dealt with this very issue in Popular Shoes, s ...reto, the court may either decline to give relief or allow further time to the other side to make a proper response.</u> ...

...whether or not the agreement made between the 17-year-old John Tonelli and the Toronto Marlboros is enforceable. .... There is, however, an exceptional and narrow range of infant's contracts the law will enforce. ...

==RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS== *Under the Courts of Justice Act: ...

::(c) reference under section 8 of the Courts of Justice Act. R.R.O. 1990, Reg. 194, r. 61.01; O. Reg. 536/96, s. 7; O. 61.09 (1) The appellant shall perfect the appeal by complying with subrules (2) and (3), ...

[28] Section 111(2) of the Courts of Justice Act provides that mutual debts may be set off against each other ...59 Ontario Ltd. v. Galaxy Entertainment Inc., 2015 ONSC 1214, at para. 17, the court noted that: ...

Writing a factum is the process of writing submissions. A factum is nothing more than a fully thoug ...ence, if any, as provided in subrule 61.03 (2), and a factum consisting of the following elements: ...

...courts to employ the power to order costs as a tool in the furtherance of the efficient and orderly administration of justice.”<ref name="Okanagan"/></ ...courts to employ the power to order costs as a tool in the furtherance of the efficient and orderly administration of justice.”<ref name="1465778 Ontar ...

== Ontario Limitations Act - Section 13 - Extension of the Limitation Period == ..., it was also made to the person with the claim [Palios]. Under s 13 (10), the acknowledgment has to be in writing. Mr Diduch accepted an email could so q ...

...pondent from using the condominium’s common areas except to enter and exit the building. ...17 (SCC), [1994] 1 S.C.R. 311 at para 43)</i><ref name="RJR-MacDonald"/>. The moving party must show: ...

1. (1) The maximum amount of a claim in the Small Claims Court is $35,000. O. Reg. 626/00, s. 1 (1); O. Reg. 439/08, s :(2) The maximum amount of a claim over which a deputy judge may preside is $35,000. ...

...In <i>Murphy v Hants Realty Ltd. (2017) NSSC 282</i><ref name="Murphy"/>, the court held that an omission to provide information is a form of negligent m ...ion inconsistent with the written document which caused a misimpression in the guarantor's mind.” (Ibid. 111). ...

==[https://www.ontario.ca/laws/regulation/980258 O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT]== ...t of that person or someone acting on that person’s authority stating that the property has not been delivered. O. Reg. 258/98, r. 20.05 (1); O. Reg. 230/ ...

...affidavit filed in support of a motion or application is on the return of the main motion or application. I reach this conclusion for two reasons. ...onsidering other evidence filed on the motion or application, to determine the issue of admissibility. ...

[20] The duty of a municipal council in framing a by-law is to express its meaning w ...mbiguous but their meaning can be resolved to give a reasonable result the courts will give effect to that result. Any penalty provided must also be expresse ...

[4] In summary, the appellants advanced four claims: ...s also pled the civil tort of conspiracy, relying on the same violation of the Competition Act. ...

...nizing the entitlement of self-represented litigants to costs. Turning to the business of calculating that entitlement in appropriate cases, Sharpe J.A. ...ovide clear guidelines to the Assessment Officer as to the manner in which the costs are to be assessed. ...

...at the time they were performed. It follows that it was appropriate that the acts were made punishable with retroactive force. ...es whose behaviour was based upon the law at the time they acted, not upon the future law of which they could not have known. Thus, statutes (and regulati ...

...f justice or claims based upon specific legislation that does not apply to the claim in tort for breach of privacy. ...annot be fully appreciated in isolation from the conspiratorial actions of the others. ...

...the ground that the Tenant had made full payment of the arrears “prior to the original order becoming enforceable”. ...nforceable” (emphasis added) the amount of rent and arrears found owing by the LTB as well as certain additional administrative charges and costs. ...

...matter or thing is expressed in the present tense, it is to be applied to the circumstances as they arise, so that effect may be given to each Act and ev ...contrary intention appears, have the same meaning as in the Act conferring the power. R.S.O. 1990, c. I.11, s. 6. ...

...io 2010 ONSC 3954 at para. 11 and see further J.W. Morden and P.M. Perell, The Law of Civil Procedure in Ontario (1st ed.) (Markham: NexisLexis Canada Inc ...ackinnon wrote at paragraph [16]: … “The claims are a waste of time within the meaning of r. 12.02 because they have no meaningful chance of success at tr ...

...and desist order issued against him by the Canadian Human Rights Tribunal (the Tribunal). ...could not be found in contempt. The appellant contends that in so holding, the Federal Court Judge committed a number of legal errors. ...

...law have the jurisdiction to apply the Charter to the issues that arise in the proper exercise of their statutory functions.</b> ...also that in exercising their statutory discretion, they must comply with the Charter. ...

...o give proper notice and that no damages are available to the employee for the actual loss of his or her job and/or pain and distress that may have been s ...es of dismissal whether in respect of the [employee’s] wounded feelings or the prejudicial effect upon his reputation and chances of finding other employm ...

...Stach J., held that the cottage owner cannot and dismissed the claim. For the reasons that follow, I agree. Background ...ars to depend on the degree of the employee's negligence in the context of the employment relationship. ...

...variations in the size and layout of bunkhouse facilities. On this basis, the HSARB struck this requirement from Dr. Nesathurai’s Order. <b>Issue 1: Did the HSARB apply the wrong test and too high a standard of proof?</b> ...

49.06 (1) No statement of the fact that an offer to settle has been made shall be contained in any pleadi ...ourt at the hearing of the proceeding until all questions of liability and the relief to be granted, other than costs, have been determined. R.R.O. 1990, ...

...materials filed by the parties. <b><u>As a result, the Tribunal relies on the parties to provide full and complete materials in support of their respecti ...right, or in the Tribunal deciding there are insufficient facts to support the Request. (See: Chopra{{Lewis v. Markham Stouffville Hospital, 2009 HRTO 188 ...

...and the court file shall not be placed before the judge or master hearing the motion unless he or she requests it or a party requisitions it. R.R.O. 199 ...e motion record shall contain, in consecutively numbered pages arranged in the following order, ...

2.1 No person shall do any of the following, except in accordance with a licence issued under this bylaw: 1. Subject to section 2 of this Schedule, this Schedule applies to the Rental Area. (20-2008) ...

...Statutes, 6th ed. (Markham, Ont.: LexisNexis, 2014), pp. 416-17. Finally, the legislature does not intend to produce absurd consequences, such as renderi ...mechanism to have a tenancy agreement set aside. There is no provision in the RTA to set aside a tenancy agreement. ...

...d personal representatives, but “tenant” does not include a person who has the right to occupy a rental unit by virtue of being, ::(a) a co-owner of the residential complex in which the rental unit is located, or ...

...n begins her discussion of anticipatory repudiation by helpfully outlining the circumstances in which this issue typically arises: ...icitor to the other, by an oral statement by a party himself or herself to the other, or in any form of communication. [Emphasis added. Citations omitted. ...

...s authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is ex ...lement of public defiance or public depreciation of the court's authority, the contempt becomes criminal:</b></u> see <i>United Nurses of Alberta v. Alber ...

...a lease. The general rule is that fixtures remain with the land following the end of a tenancy; but not all fixtures fall within this rule. ...fixtures do not remain with the land post-tenancy – has a long history in the common law:</b></u> <i>Warner v. Don (1896), 1896 CanLII 67 (SCC), 26 S.C.R ...

3. On the filing of the following: ...e made by a notice of motion (Form 37A) unless the nature of the motion or the circumstances make a notice of motion unnecessary. R.R.O. 1990, Reg. 194, ...

...course of the search must be excluded pursuant to s. 24 of the Charter as the search was warrantless and unreasonable. ...nLII),</i><ref name="Kelly"/> is a good starting point. After referring to the dissenting judgment by Major and McLachlin JJ. In <i>Mooring v. Canada (Nat ...

...particulars of the described automobile to be insured to the prejudice of the insurer, or ::(ii) knowingly misrepresents or fails to disclose in the application any fact required to be stated therein; ...

...red to in Shelanu at para. 58-59. Further in Shelanu, the court explained the difference between a fiduciary duty and a duty of good faith: ...II 70 (SCC), (1994) 3 S.C.R. 377</i><ref name="Hodgkinson"/>. <u>'''If, on the other hand, A owes a duty of good faith to B, A must give consideration to ...

...iff; and (3) the words were communicated to at least one person other than the plaintiff: <i>Guergis v. Novak, 2013 ONCA 449, 116 O.R. (3d) 280</i><ref na ...mon design will be liable to the plaintiff”. As Raymond E. Brown stated in The Law of Defamation in Canada, loose-leaf (2012-Rel. 3), 2nd ed. (Scarborough ...

...le a consent order transferring the appeal to the Divisional Court without the necessity of today’s attendance. [2] The parties did not do so but argued that this court has jurisdiction to hear t ...

==O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT<ref name="OREG25898"/>== ...efence to a plaintiff’s or defendant’s claim may be amended by filing with the clerk a copy that is marked “Amended”, in which any additions are under ...

...ct manipulating the judicial system in order to limit the effectiveness of the opposing party’s speech and deter that party, or other potential interest ...eaking, section 137.1 of the CJA is designed to protect free expression in the face of a libel or similar action aimed at matters of public interest: ...

(a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or ...icted, and for insisting that he disclose the offence and circumstances of the arrest.</b></u> ...

...in writing and served on the opposite party at least 30 days in advance of the trial. ...is clear that the Rule envisions expert reports as a type of document that the Court will have to consider in applying Rule 18.02. ...

==ORDER UNDER SUBSECTION 7.1 (2) OF THE ACT<ref name="OUS7.2"/>== ...nt to section 7.0.1 of the Emergency Management and Civil Protection Act (the "Act"); ...

...lthough generally expressed in writing, it can be reached verbally between the parties as well. But at its heart are two or more parties exchanging such [43] As the authors of Business Law in Canada (9th Ed.) state: ...

* The term "The Rules" refer to [https://www.ontario.ca/laws/regulation/900200 R.R.O. 1990, Courts of Justice Act ...

::“tribunal” means an adjudicative tribunal prescribed by the regulations made under this Act. (“tribunal”) :(2) Subject to subsection (3), the following are adjudicative records for the purposes of this Act: ...

...ly inoperative or inapplicable to persons acting under ss. 30 and 69(1) of the Immigration Act and its associated Rules and Regulations. ...e immigration tribunals as counsel be licensed, and that the objectives of the Immigration Act are not served by authorizing a different class of professi ...

...g at the first hearing date, it was not a breach of procedural fairness in the circumstances. ...nt’s appeal assisted by his reliance on res judicata and issue estoppel in the circumstances. ...

...he CTA the plaintiff cannot sue the defendant for damages after he brought the Application for relief from forfeiture and that such damages action cannot ...he plaintiff to bring this action before this court for damages arising in the circumstances of this case.</b></u> ...

...nts in the case at bar. <b>The same law applies to both situations because the identical legal problem to be solved is whether an amendment that will deny ...imitation period, the plaintiff must show both the absence of prejudice to the defendant and also special circumstances.</b></u> ...

...iness office" is explicitly permitted. The lease began April 1, 2019, and the agreed upon monthly rent was $3,500.00 plus HST for a total of $3,955.00. '''The correct approach for determining whether a tenancy is commercial ...

...For the purposes of this Act, a tenant has not abandoned a rental unit if the tenant is not in arrears of rent. 2006, c. 17, s. 2 (3). ...h the notice, the tenancy is terminated on the termination date set out in the notice. 2006, c. 17, s. 37 (2). ...

...he owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. R.S.O. 1990, c. D.16, s. 2 (1). ...to which the fault or negligence of the plaintiff caused or contributed to the damages. R.S.O. 1990, c. D.16, s. 2 (3). ...

...been admitted in a proceeding before the tribunal, <b><u>if the parties to the proceeding consent.</b></u> 1994, c. 27, s. 56 (30). ...admitted evidence” means evidence that was admitted, before the hearing of the proceeding referred to in that subsection, in any other proceeding before a ...

...is as opposed to what varying a contract is, and it begins at p. 561 under the heading, “Change of duty”: ...waiver, insofar as it is operative and effective, the party acquiescing in the change cannot enforce its original rights</b></u> ...

...ll contain, in consecutively numbered pages with numbered tabs arranged in the following order, ::(b) any affidavit evidence, including exhibits, that the parties have not agreed to omit; ...

...ced in respect of a claim after the second anniversary of the day on which the claim was discovered. 5 (1) A claim is discovered on the earlier of, ...

1. The Tenant made a preliminary motion to dismiss the Landlords’ application. ...for ending the tenancy and evicting the Tenant, namely, for having removed the baseboard heaters and for fire code violations. ...

...f the member’s occupancy of a member unit under this Act</b></u> in any of the following circumstances: ...mber has persistently failed to pay the regular monthly housing charges on the date they became due and payable. ...

...business or occupation or permits a person to do so in the rental unit or the residential complex. :(2) A notice of termination under this section shall set out the grounds for termination and shall provide a termination date not earlier th ...

...rd, but not justified for the seizure of his car. I would therefore allow the appeal in part. ::[15] The issues are the following: ...

...erty back to its original use as a commercial property. The notice listed the termination date as June 30, 2019. ...no requirement under s. 73.1 for the landlord to pay compensation because the property has less than 5 rental units. ...

...ss commonsense, it must be made to yield to business commonsense”.</b></u> The principle that requires contracts to be read in a commercially reasonable a ...bleness — in order to properly understand the meaning of the words used by the parties to express their agreement. ...

...ecause the tenant Nicolas C. Lozada Corredor committed a sexual assault in the building complex. ...tion of all writs of possession to evict residents from their homes during the 2019 novel coronavirus pandemic”. ...

...ke reasonable steps to correct the intrusion of the neighbouring tenant on the tenant's right to quiet enjoyment.</b></u> ...that the tenant . . . can do but get the landlord [to take action against the tenant].</i> ...

...n the basis that the Superior Court lacked jurisdiction to make the order. The appeal was allowed. ...the granting of an eviction order to the LTB. This has been made clear by the Court of Appeal in Fraser. ...

1. The property is a house. The Tenants rent the basement unit. ...he locks separating the units as well as the stove from the second unit in the basement by July 4, 2014. ...

...The issue of Mr. Loranger’s personal liability was recognized early on by the trial judge where he addressed Ms. Tobey as follows, ...at he shouldn’t be personally liable, that its his company that you signed the contract with. Do you have anything to say about that? ...

...horize individuals licensed under the Law Society to provide legal service the authority to enforce orders intended to be enforced under Rule 60, by elect ===The Laws=== ...

...as obvious, as a claim grounded in conventional negligence law is fatal to the appellant in this case. In <i>Kalkinis (Litigation Guardian of) v. Allstat ...ause it deprives the defendant of the opportunity to address that issue in the evidence at trial.</b></u> ...

[14] I will not delve deeply into this complex subject, but I will note that the interpretation of words and phrases within a statute is said by Professor ...ons on members of society. The particular status of a statute, then, is at the very summit of seriousness and authority within a society. ...

...h the notice, the tenancy is terminated on the termination date set out in the notice. 2006, c. 17, s. 37 (2). ::(a) the tenant has vacated or abandoned the unit; or ...

==O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT<ref name="SCC-Rules"/>== ...ere served with the notice of trial, shall be received in evidence, unless the trial judge orders otherwise. O. Reg. 78/06, s. 36 (1). ...

...le a consent order transferring the appeal to the Divisional Court without the necessity of today’s attendance. [2] The parties did not do so but argued that this court has jurisdiction to hear t ...

'''Protection of Personal Information in the Private Sector 2 (1) The definitions in this subsection apply in this Part. ...

...on most favourable, within reason, to the person who is not the drafter of the agreement must be adopted.</b></u> <i>City of Toronto v. Greenspoon Brother ...ikely common intention of the parties and the historical context, aided by the expert witnesses. ...

...r purposes, however. In my view, the decision in Henderson does not affect the Divisional Court's decision in these proceedings. ...sional integrity and professional standards and to regulate conduct within the profession in question. See <i>R. v. Wigglesworth, 1987 CanLII 41 (SCC), [1 ...

...and in Parts II and III also includes the person entitled to possession of the premises; ...” includes a person who is lessee, occupant, sub-tenant, under-tenant, and the person’s assigns and legal representatives. ...

...g making a finding that the Tenant is a vexatious litigant with respect to the tenancy at issue in these applications. ...authority to dismiss these applications as an abuse of process and declare the Tenant to be a vexatious litigant. ...

...ave a written lease but Mr. Glanville paid his rent weekly and they shared the house for many years. ...repeatedly asked him to leave since then but Mr. Glanville has refused. In the interim, Mr. Glanville has begun to drink heavily and makes no effort to cl ...

...or the use and occupation of a rental unit by a tenant who does not vacate the unit after his or her tenancy is terminated by order, notice or agreement. <b><u>87 (1) A landlord may apply to the Board for an order for the payment</b></u> of arrears of rent if, ...

...officer or employee’s powers or the performance or intended performance of the officer or employee’s duties or functions. 2020, c. 11, Sched. 7, s. 1. ...eemed to have been stayed in respect of all claims in that proceeding from the time that it is brought. 2020, c. 11, Sched. 7, s. 1. ...

::(a) proceedings to which the Real Property Limitations Act applies; ::(b) proceedings in the nature of an appeal, if the time for commencing them is governed by an Act or rule of court; ...

...to give a notice of termination, the notice shall be in a form approved by the Board and shall, ::(a) identify the rental unit for which the notice is given; ...

...ake reasonable compensation in money to the satisfaction of the lessor for the breach. R.S.O. 1990, c. L.7, s. 19 (2). ...the granting of an injunction to restrain any like breach in the future as the court considers just. R.S.O. 1990, c. L.7, s. 20 (1); 2006, c. 19, Sched. ...

...m must be an undue and material interference with the use and enjoyment of the plaintiffs’ property. ...l and unreasonable interference. If there is no actual interference, or if the interference is trifling, then there is no substantial interference. In thi ...

...plex and who permits another person to also occupy the unit or any part of the unit, ::(b) the heirs, assigns, personal representatives and successors in title of a perso ...

...is registered in the proper land registry office, shall be made a party to the action. R.S.O. 1990, c. L.7, s. 22. 30 (1) The goods and chattels exempt from seizure under execution are not liable to se ...

...to section 21.2 of the <i>Statutory Powers Procedure Act</i>, an order of the Board is final and binding. 2006, c. 17, s. 209 (1). ...cised if a party to a proceeding was not reasonably able to participate in the proceeding. 2006, c. 17, s. 209 (2). ...

...rt to obtain the costs of a defence, as a claim under the policy, costs of the requisite application have been awarded on a full indemnity basis</b></u> ( ...legitimate question with respect to the interpretation of the policy that the insurer should be able raise without incurring an exposure to substantial i ...

...d to the costs of the following steps on a partial indemnity scale, unless the court on motion orders otherwise: ::2. The issuing, service, filing, enforcement and renewal of a writ of execution an ...

...probation and parole officer. A graduate of the University of Toronto and the University of Ottawa's French Common Law Program, Karen is a proponent of a ...Honours Bachelor of Arts degree in History and Classical Civilisation from the University of Ghana, Africa. ...

...fulfilling the essential duties or requirements attending the exercise of the right because of disability. ...dship on the person responsible for accommodating those needs, considering the cost, outside sources of funding, if any, and health and safety requirement ...

...to the application has infringed a right under Part I of another party to the application: ...ompensation to the party whose right was infringed for loss arising out of the infringement, including compensation for injury to dignity, feelings and se ...

...y defended action (SCC Rule 13.01(1)). At least 14 days before the date of the settlement conference, each party is required to serve and file a copy of a ...lace in the SCC Rules that deals with production of documents beyond those the parties intend to rely on and it arises only as part of a settlement confer ...

...and in Parts II and III also includes the person entitled to possession of the premises; ...” includes a person who is lessee, occupant, sub-tenant, under-tenant, and the person’s assigns and legal representatives. ...

...al complexes, despite any other Act and despite any agreement or waiver to the contrary. 2013, c. 3, s. 22 (1). ...nflicts with a provision of another Act, other than the Human Rights Code, the provision of this Act applies. 2006, c. 17, s. 3 (4). ...

...in Parts II, III and IV also includes the person entitled to possession of the premises; (“locateur”) ...” includes a person who is lessee, occupant, sub-tenant, under-tenant, and the person’s assigns and legal representatives. (“locataire”) R.S.O. 199 ...

...ich she made an order amending the style of cause in both the judgment and the corrigendum and costs decision to include “Isabel Goetz and Jacqueline Go ...ondent and of the lawyer who had acted for the condominium corporation and the documentation filed as exhibits and she made these findings: ...

...of application and did not involve formal pleadings, the key point is that the limitation argument was not raised at any time prior to this appeal. ...age in negligence (a substantive law)</b></u> and <b><u>those which affect the quantification of damages concerning a particular head of damage (a procedu ...

...d personal representatives, but “tenant” does not include a person who has the right to occupy a rental unit by virtue of being, ::(a) a co-owner of the residential complex in which the rental unit is located, or ...

...sons for enforcing a valid release mirror the policy principles underlying the doctrines of res judicata and issue estoppel. Malone J.A. sets these out, i ...lusive in a later action between the same parties, <u>notwithstanding that the cause of action may be different.</u> ...

...have been discovered or ought to have been discovered by the plaintiff by the exercise of reasonable diligence” (<b><i>Central Trust Co. v. Rafuse, 198 ...000, c. L-12, s. 3(1), Limitation Act, S.B.C. 2012, c. 13, ss. 6-8 and 21; The Limitations Act, S.S. 2004, c. L-16.1, ss. 5-7, Limitation of Actions Act, ...

...of the goods is not sufficient consideration to support the promise to pay the higher price. ..., 36 D.L.R. (3d) 496</i><ref name="GilbertSCJ"/>, dismissing an action for the price of certain goods. ...

...o prove on the balance of probabilities that this representation was made. The Defendant has not met this burden.</b></u> ...l opinion that the alternatives I have listed above should be rejected for the reasons that follow. ...

==Lumsden et al. v. The Toronto Police Services Board et al., 2019 ONSC 5052 (CanLII)<ref name="Lum ...ng, it is to be measured by an objective reading of the language chosen by the parties to reflect their agreement.” See also <i>B.O.T. International v. ...

...e RTA. Broadly speaking the following classes of tenancies are exempted by the RTA: * Tenancies where the Landlord and Tenant are required to share a kitchen and/or a bathroom <ref ...

...ssary to decide which act should prevail. However, s. 19 of the RTA states the following: ::19. The doctrine of frustration of contract and the Frustrated Contracts Act apply with respect to tenancy agreements. ...

B. The Presumptive Ceiling ...uss, defence-waived or -caused delay does not count in calculating whether the presumptive ceiling has been reached — that is, such delay is to be disco ...

::(a) living accommodation intended to be provided to the travelling or vacationing public or occupied for a seasonal or temporary pe ...nd where the owner, spouse, child or parent lives in the building in which the living accommodation is located; ...

...first available hearing date that is at least three days after service of the notice of motion. R.R.O. 1990, Reg. 194, r. 38.11 (1); O. Reg. 132/04, s. ::(a) at any place, to the judge who granted the judgment; ...

265 (1) It is the duty of a principal of a school, in addition to the principal’s duties as a teacher, ::(a) to maintain proper order and discipline in the school; ...

==Larizza v. The Royal Bank of Canada, 2017 ONSC 6140 (CanLII)<ref name="Larizza"/>== [51] The elements of intrusion upon seclusion are: ...

...pt of caveat emptor negated any relationship of proximity as defined under the first stage of Lord Wilberforce's two-stage Anns approach: ...pections and inquiries provide, it should seek appropriate warranties from the vendor or, if that cannot be bargained, to seek out an insurer to cover ant ...

...it to the tenant from the covenant if it did not apply to a fire caused by the tenant's negligence: see <i>Agnew Surpass Shoe Stores Ltd. v. Cummer-Yonge ...rtly after. The Tenant has been staying in a hotel ever since, waiting for the rental unit to be repaired so she can return. ...

...the activities there carried on, or control over persons allowed to enter the premises, :even if there is more than one occupier of the same premises; (“occupant”) ...

...Act does not apply to a company to which the Business Corporations Act or the Co-operative Corporations Act applies. R.S.O. 1990, c. C.38, s. 2. ...pplies to the corporation in any other Act or regulation, the provision in the other Act or regulation prevails. 2017, c. 20, Sched. 7, s. 28 (1). ...

* [[Non-Application of the RTA (Eviction)]] ...al complexes, despite any other Act and despite any agreement or waiver to the contrary. 2013, c. 3, s. 22 (1). ...

14.02 Every proceeding in the court shall be by action, except where a statute or these rules provide oth 14.05 (1) The originating process for the commencement of an application is a notice of application (Form 14E, 14E.1, ...

168 (1) The Ontario Rental Housing Tribunal is continued under the name Landlord and Tenant Board in English and Commission de la location imm :(2) The Board has exclusive jurisdiction to determine all applications under this A ...

...airs done, and are barred by promissory estoppel from seeking a remedy for the disrepair. ...heir right to have repairs done or to seek a rent abatement for disrepair, the waiver would be void.</b></u> ...

...er” to refer to the applicant. While I appreciate Mr. Seto’s position that the drywall subcontractor is simply a disgruntled ex-employee, in my view that ...t” towards the applicant, I adopt and endorse the following comments about the use of this term as made by this Tribunal in <i>Knights v. Debt Collect Inc ...

...and had breached two sections of a regulation made under the authority of the Collection Agencies Act, R.S.O. 1990, c. C.14.</b></u> [18] After an unsuccessful settlement conference, the matter was set down for trial on April 26, 2011. ...

==O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT<ref name="OREG25898"/>== ...t, on such terms as are just, if the party makes a motion to set aside and the court is satisfied that, ...

...ate the termination is specified to be effective and that date shall be on the last day of a rental period. 2006, c. 17, s. 44 (1). ...ate the termination is specified to be effective and that date shall be on the last day of a rental period. 2006, c. 17, s. 44 (2). ...

<b>The Plaintiff</b> ...has been successfully elected in seven municipal elections and always led the polls. He ran unsuccessfully in federal elections in 2006 and 2008. ...

...allowed to enter the premises, even if there is more than one occupier of the same premises; (“occupant”) ...ithout the express permission of the occupier, the proof of which rests on the defendant, ...

...g spot for a recreational trailer, what is the applicable law that governs the use. ...plied the wrong test to determine whether or not there was a tenancy under the <i>Commericial Tenancies Act, RSO 1990</i>. ...

...n and that are intended for the common use and enjoyment of the tenants of the landlord; (“zone résidentielle à baux fonciers”) ...r of the dwelling leases the land used or intended for use as the site for the dwelling; (“maison à bail foncier”) ...

::includes all common areas and services and facilities available for the use of its residents; (“ensemble d’habitation”) ::(b) if the tenant consents to the entry at the time of entry. 2006, c. 17, s. 26 (1). ...

...ubstantially interfere with the reasonable enjoyment of the rental unit or the residential complex in which it is located for all usual purposes by a tena ...be altered during the tenant’s occupancy of the rental unit without giving the tenant replacement keys. ...

...0ufc9hRVmWJrHDQqpxScvNd3KdfZz3Isf6z_LUzEvgmOOrzG3mB.ZaywIFuFKyBFeduC Watch the CPD Video] ...pply to the tenancy agreement. The main example we will deal with today is the situation where a tenant is required to share a kitchen and or a bathroom w ...

...ns who are identified by a prohibited ground of discrimination and of whom the person is a member, except where, (a) the requirement, qualification or factor is reasonable and bona fide in the circumstances; or ...