Good afternoon.
Please find below our summaries of the civil decisions of the
Court of Appeal for Ontario for the week of August 3 to 7,
2020.
Shergar Development Inc. v. Windsor (City) confirms the
power of the then OMB to award costs against a party whose land is
expropriated when that party fails to accept a reasonable
settlement offer made by the expropriating authority and takes
unreasonable positions.
In Walia v. 2155982 Ontario Inc., the Court upheld a
motion judge's determination that an interest clause in a
mortgage was unenforceable pursuant to section 8 of the
Interest Act because the interest rate increased
subsequent to default under the mortgage.
Becker v. Walgate deals with the determination of a
property line between waterfront properties.
