Tenant or Owner?
September 5, 2021 By Brian Babcock Ontario’s Landlord and Tenant Board has the jurisdiction to determine the ownership of buildings, including through a simplified summary process. That determination, however, may not finally determine rights or obligations flowing from an ownership interest. In Sutton v. Riddle, the Divisional Court, which hears appeals from the Board, has […]
Punitive Damages are Not a Consolation Prize
September 5, 2021 By Brian Babcock Punitive damages may only be awarded if the court finds that there is an “independent actionable wrong.” Misconduct alone is not enough. This principle, established at least since 2002, has been somewhat overlooked in recent years as judges easily found the requirement met by almost any malicious or intentional […]