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The Ontario Court of Appeal dismissed an appeal in a bank collection dispute, finding the appellants were in default and that the counterclaim disclosed no reasonable cause of action.
The appeal is allowed because the appellant satisfied the Phaneuf two‑part test: the proposed counterclaims are sufficiently related to the main action and were pleaded in the response; the explanation for the delay (electing to pursue counterclaims only if the main claim proceeded) was adequate; and the equities favored deciding all issues together, so extension to file the counterclaim should be granted.
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The claimant's claim was dismissed for non-appearance with notice and no adjournment requested; the defendant's counterclaim was dismissed because the claimant did not establish an adequate evidentiary foundation for claimed reputational losses and lost revenue, and the InspectR insurance deductible was not recoverable under the Small Claims Court Act and Regulations which preclude awarding agent or barrister fees or analogous legal-support costs.
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The proposed counterclaims (other than the single allegation that Mr. Robinson failed to cooperate with the insurance claim) are not sufficiently connected to the discrete accounting claim for the Fire Insurance Proceeds and therefore do not satisfy the first stage of the two-part test; alternatively, even if connection existed, Ms. Robinson failed to justify the long delays, most claims appear time-barred or beyond the ultimate limitation period, the claims largely duplicate matters resolved or addressed in the Bevilacqua proceedings and registrar's certificate, and allowing the late counter…
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The court granted KMBR leave to file a late counterclaim in a school project dispute, but preserved the District’s limitation defences for trial.
The Ontario Court of Appeal set aside a $285,000 damages award in a land contract dispute, found errors in good faith and unjust enrichment analysis, and ordered limited new trials.
The court held the 2015 offer and counter-offer formed an enforceable lease, found the landlords breached it by terminating, and awarded nominal damages plus return of the deposit.
The court dismissed a defendant’s late applications to amend its pleading, file a counterclaim, and adjourn trial in a construction dispute, finding undue delay and prejudice.
Implied warranties are automatically part of building/subcontracting contracts and cannot be unilaterally withdrawn; Refined had no legal right to impose a stricter, retroactive written warranty and therefore could not lawfully withhold payment of the Unity Court invoice, entitling Catch-all to judgment and requiring dismissal of Refined’s counterclaim absent proven damages.
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La Cour a rejeté l’argument d’exemption fondé sur la dépendance financière, mais a prorogé le délai pour déposer la demande reconventionnelle jusqu’au 20 décembre 2024.
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