Joe Giuliana

Following the release of the court's written endorsement on the appeal, the appellant settled the issue of costs with several respondents.

The court ordered the appellant to pay the remaining respondent, Zanzibar Tavern Inc., costs of the appeal fixed at $3,500 inclusive of disbursements and HST.

The appellant appealed a summary judgment dismissing his action against the respondents for damages related to his HIV infection, which he alleged was linked to a sponsorship undertaking given to the federal government.

The Court of Appeal dismissed the appeal, finding the action was statute-barred under the Limitations Act, 2002.

The Court declined to entertain new arguments regarding exceptions to the limitation period raised for the first time on appeal.

Furthermore, the Court found no evidence establishing a causal link between the government's actions and the appellant's infection.