Court of Appeal for Ontario
697578 Ontario Inc. (Hotel Europa) v. Niagara Falls (City)
(C37458)
John Crossingham, Crossingham, Brady, for the applicant/appellant;
Barnet Kussner, Weir & Foulds, for the respondent/respondent in appeal.
Endorsement
1By the Court: We agree with the reasons of Henderson, J., that Oshawa (City) v. 505191 Ontario Ltd. (1986), 27 D.L.R.(4th) 236 (Gen. Div.), is determinative, and that there is no evidentiary base to support a s. 2(b) Charter challenge.
2The appeal is dismissed with costs fixed in the amount of $12,500.
Appeal dismissed.