Ontario civil | Appeal
GROUNDS
Not clear what acts trial judge found rose to level of insubordination, recklessness and/or gross negligence
Parties entered into contract where plaintiff was appointed property management company. Defendant condominium corporation terminated agreement for cause. In Small Claims action, plaintiff sought damages of $8,303.24 from defendant for breach of contract. Trial judge found that collectively grounds relied on by defendant were sufficient to constitute insubordination, recklessness and/or gross negligence that entitled defendant to terminate agreement without notice. Claim was dismissed. Plaintiff appealed. Appeal allowed. Trial judge’s reasons were not sufficient. What was decided was unclear. It was not clear what acts or omissions trial judge found collectively rose to level of insubordination, recklessness and/or gross negligence. Trial judge did not provide answers as to why he made finding. There was no window into decision to allow for meaningful appellate review.
Maple Ridge Community Management Ltd. v. Peel Condominium Corp. No. 231 (Jun. 16, 2014, Ont. S.C.J., David L. Edwards J., File No. CV-13-39-00) 241 A.C.W.S. (3d) 262.
Not clear what acts trial judge found rose to level of insubordination, recklessness and/or gross negligence
Parties entered into contract where plaintiff was appointed property management company. Defendant condominium corporation terminated agreement for cause. In Small Claims action, plaintiff sought damages of $8,303.24 from defendant for breach of contract. Trial judge found that collectively grounds relied on by defendant were sufficient to constitute insubordination, recklessness and/or gross negligence that entitled defendant to terminate agreement without notice. Claim was dismissed. Plaintiff appealed. Appeal allowed. Trial judge’s reasons were not sufficient. What was decided was unclear. It was not clear what acts or omissions trial judge found collectively rose to level of insubordination, recklessness and/or gross negligence. Trial judge did not provide answers as to why he made finding. There was no window into decision to allow for meaningful appellate review.
Maple Ridge Community Management Ltd. v. Peel Condominium Corp. No. 231 (Jun. 16, 2014, Ont. S.C.J., David L. Edwards J., File No. CV-13-39-00) 241 A.C.W.S. (3d) 262.
