COURT OF APPEAL FOR ONTARIO
RE:
KWANG-JA BAE, THOMAS JEON and LEO JEON (Plaintiffs/Appellants) –and– TORONTO TRANSIT COMMISSION (Defendant/Respondent)
BEFORE:
SIMMONS, ARMSTRONG JJ.A. and LANE J. ad hoc
COUNSEL:
Richard A. Levin
for the plaintiffs/appellants
Norma Priday
for the defendant/respondent
HEARD AND ENDORSED:
March 22, 2004
On appeal from the order of Justice Ian V.B. Nordheimer of the Superior Court of Justice dated July 7, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We see no error in the interpretation of s. 267(1) of the Railways Act, R.S.O. 1950, c. 331 by Nordheimer J. In our view, the motions judge correctly determined that maintenance is a necessary part of the operation of a subway system. The appeal is therefore dismissed.
2Costs are awarded to the respondent, if demanded, in the amount of $1,500, inclusive of disbursements and applicable G.S.T.