COURT OF APPEAL FOR ONTARIO
RE: WAYNE GUINEY (Plaintiff (Appellant)) and THE CORPORATION OF THE CITY OF TORONTO (Defendant (Respondent))
BEFORE: GOUDGE, FELDMAN AND MACPHERSON JJ.A.
COUNSEL: A. Melvin Sokolsky
For the appellant
Andrew M. Stikuts
For the respondent
HEARD: August 18, 2000
On appeal from the judgment of Madam Justice Katherine E. Swinton dated October 6, 1999.
E N D O R S E M E N T
1In our view, in the circumstances of this case, there was a juristic reason for the retention of the benefit conferred on the City. The appellant’s contract contemplated that he would receive equivalent time off for the extra time he worked. Given that the appellant voluntarily put himself beyond the point of being able to enforce the City’s obligation, we agree with the trial judge that the appellant is unable to establish the absence of a juristic reason for the City retaining the benefit.
2The appeal must be dismissed but, in the circumstances, without costs.
“S.T. Goudge J.A.”
“K. Feldman J.A.”
“J. C. MacPherson J.A.”