Recent cases

 

OREA allows appeal by cooperating broker

The firm successfully appealed to the Ontario Real Estate Council of Ontario ("OREA") a decision of the arbitration panel of the Barrie & District Association of Realtors Inc. which had denied the client's claim to commission on the basis that it was a cooperating broker.

The OREA appeal panel accepted the submission that the decision of the Association should be set aside because there was a denial of Royal LePage's right to natural justice because the Association failed to give adequate reasons for its decision. The OREA appeal panel ordered a new arbitration hearing before a differently constituted arbitration panel.

Aman Dhillon was counsel for the broker


Court denies application by daughter born outside of marriage for an interim order paying into trust a portion of proceeds of sale of property previously owned by her biological father and transferred to his wife

In this Estates matter, the applicant was the 13-year-old dependent daughter of the deceased and the applicant's litigation guardian, with whom the deceased had an extramarital relationship.  The applicant moved for an order that proceeds from the sale of properties previously owned by the deceased be held in trust pending determination of her support claim.  The property had been transferred to the deceased's wife at about the time that she had become aware of the extramarital relationship.

The court dismissed the application, holding that section 72 of the Succession Law Reform Act did not apply, and that the applicant was in any event protected by section 67.

Simson v. De Bartolo Court file CV-08-0751-ES

Greg Sidlofsky was counsel for the respondent


Court orders security for costs of assessment of lawyer's accounts by client

The client, a resident of Kuwait, assessed the firm's accounts, which totaled over $350,000.  The firm moved for security for costs.  The Master dismissed a motion on the basis that she had no jurisdiction to award security for costs because an assessment is not a "proceeding" within the meaning of rule 56.01(1).

On appeal, the Court considered the issue to be one of statutory interpretation, and held that a client on a solicitor client assessment is "an active claimant" within the meaning of rule 56.01(2).

Kramer Henderson Sidlofsky LLP v. Juanita Montiero  Court file CV-08-00366353

Greg Sidlofsky was counsel for the lawyers


Court of Appeal confirms unexecuted lease

The Court of Appeal dismissed an appeal from a decision that confirmed a commercial lease between the owner of a shopping center and a major franchisor, notwithstanding that the lease had never been executed by the landlord.

6436145 Canada Limited v. Rockwest Property Inc. Docket C49748, May 13, 2009, Moldaver, Simmons and Cronk JJA

Peter Henderson was counsel for the successful respondent