COURT OF APPEAL FOR ONTARIO
RE: JOSEPH NICHOLAS JOHN IACOBACCIO (Plaintiff/Appellant)
and HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
CORPORATION OF THE CITY OF BARRIE, DAVID ODAGUCHI/TECHNOWIZARDS INC., DAWNE JUBB. DANSON, RECHT & FREEDMAN, CARBONARDO, DAKIN FLUDE & MIKLINSKI,
MANDELBAUM SPERGEL INC. CONSOLIDATED ASSETS INC.
10204540 ONTARIO INC., JOHN TRECAPELLI, PAUL
LEFORESTIER, MRS. MARY FAGAN (Defendant/Respondent
on Appeal/ The Corporation of the City of Barrie)
BEFORE: AUSTIN, MOLDAVER AND BORINS JJ.A.
COUNSEL: Joseph N.J. Iacobaccio (in person)
Robert P. Marcantonio, for the
Defendant/Respondent on Appeal
HEARD: February 15, 2000
On appeal from the order and judgment of MacKinnon J. dated
July 29, 1999
E N D O R S E M E N T
1We recognize that the appellant is asserting a personal
claim against the City of Barrie for his loss of income while an
employee of Ruanne’s Restaurant Inc. which is now a bankrupt
company and that he is not purporting to assert a claim on behalf
of that company. Nevertheless, we are satisfied that as pleaded,
the appellant has no cause of action against the City of Barrie
in his personal capacity.
2Although we are not in complete agreement with the reasons
of the motions judge for dismissing the plaintiff’s claim, we
agree with the result.
3Therefore, the appeal is dismissed with costs. The cross-
appeal is quashed without costs.
“Austin J.A.”
“M.J. Moldaver J.A.”
“S. Borins J.A.”