Lianne J. Armstrong

Liora Fine Arts Inc. v. Malcolm Holdings Inc., 2016 ONSC 8103
In this construction dispute, the Court denied a motion to substitute a defendant's name, ruling that there was no misnomer and dismissing claims against a defendant personally. The case clarified the test for misnomer and piercing the corporate veil, upholding the principle that personal liability of corporate officers cannot be imposed without sufficient evidence.

Soan Mechanical Ltd. v. Terra Infrastructure Inc., 2011 ONCA 371
This construction case dealt with breach of contract and the quantum meruit principle. The Ontario Court of Appeal upheld the trial decision in favor of the respondent, clarifying the proper scope of damages in cases of incomplete performance or breach of contract.

2021977 Ontario Inc. v. Shadamy Holdings Company, 2006 CanLII 31810 (ON CA)
The Ontario Court of Appeal upheld the trial decision concerning insurance exclusions and the validity of claims under a property contract. This case is notable for reinforcing principles related to contract law and insurance coverage exclusions in complex property disputes.

Kavanaugh v. Knol, 2006 CanLII 815 (ON SC)
In this estate litigation case, successfully argued for the application of equitable remedies in the face of disputes over will validity and insurance proceeds. The decision reinforced the necessity of full disclosure and good faith in matters related to estate administration and insurance.

Padelt v. Show Fong Lu, 2010 ONCA 69
The Court of Appeal upheld the trial judge’s finding that the mortgagee met their duty of maintenance before the sale of a property, confirming that a mortgagee is not liable for negligence if they act as a reasonable, prudent property owner. This case emphasized the scope of a mortgagee’s duty to maintain a property and the standards for liability in property management.

Magil Construction Canada v. JBelli Holdings, 2023 ONSC 1837
This case dealt with third-party claims and the complexities of party additions and counterclaims in construction disputes. It clarified the requirements for amending pleadings and adding parties under Ontario’s Rules of Civil Procedure, reinforcing procedural rules in construction litigation.

St. Lawrence Neighbourhood Association v. Ontario (Minister of Government and Consumer Services), 2021 ONSC 1087
This case involved a judicial review of a government decision under the Heritage Act. The Ontario Divisional Court’s decision clarified the boundaries of administrative law and the judicial review process in relation to heritage preservation, emphasizing the legal protections for heritage sites and the roles of government ministries in making decisions about public spaces.

Farwell v. Citair, Inc., 2014 ONCA 177
The Court of Appeal upheld the constructive dismissal of an employee who was demoted to a significantly lower position, affirming that this constituted a fundamental breach of the employment contract. A key principle in this case is that constructive dismissal occurs when an employer makes a fundamental change to the terms of an employee’s contract without proper notice. The appeal also addressed mitigation principles, finding that the employee’s refusal to accept the demotion was reasonable given the humiliation involved, and the employer’s failure to offer a clear notice period meant that no mitigation obligation was breached.

Van Geel v. Pennha, 2020 ONSC 6975
Successfully moved to discharge a Certificate of Pending Litigation obtained without full and fair disclosure. Protected the client’s property interests and helped clarify the limits on using CPLs when construction lien rights have expired.