Good afternoon.
Following are this week's summaries of the Court of Appeal
for Ontario for the week of October 30, 2023.
In Cummins Estate v. Milton (Town), the appellants
unsuccessfully sought a declaration that they were entitled to use
their farm land for purposes other than agriculture. The Town was
unsuccessful in getting a finding of contempt against the
appellants for breaching an old 1994 order restraining them from
dumping materials on the land. However, the application judge
declined to award costs to the appellants. The appeal on both
issues was dismissed.
In 25162116 Ontario Ltd. (Numbrs) v. Abledocs
Inc., another prominent law firm was refused an order that it
be removed as solicitors of record. This was a debtor-creditor case
where the merits of the appeal were questionable and the respondent
had good reason to seek to lift the automatic stay of its money
judgment pending appeal and to seek security for costs of the
appeal before the bank could put
