Murray Stieber

The appellants appealed a motion judge's decision granting partial summary judgment to the respondent municipalities.

The motion judge had dismissed the appellants' claim that the expropriation of their mall lands for a new Toyota plant was illegal per se.

The Court of Appeal allowed the appeal, finding that genuine issues for trial existed regarding whether the expropriation price was below fair market value (constituting an illegal bonus under the Municipal Act), whether the expropriation conformed to the official plan under the Planning Act, and whether the municipality acted in bad faith.

The individual appellant appealed an order striking her claim and denying her leave to represent the corporate appellant under Rule 15.01.

The Court of Appeal dismissed the appeal, finding that the motions judge correctly concluded the individual appellant lacked legal capacity to sue, as the cause of action belonged to the corporation.

The Court further held it lacked jurisdiction to hear the appeal regarding the Rule 15.01 order, as it was interlocutory and appealable only to the Divisional Court with leave.