COURT OF APPEAL FOR ONTARIO
RE:
ORVILLE SANTA (Plaintiff/Appellant) – and THE CORPORATION OF THE CITY OF THUNDER BAY (Defendant/Respondent)
AND RE:
IN THE MATTER OF THE CORPORATION OF THE CITY OF THUNDER BAY
BEFORE:
MACPHERSON, SIMMONS and ARMSTRONG
COUNSEL:
Francis J. Thatcher and Mary D. Bird
for Orville Santa
David G. Boghosian
for The Corporation of the City of Thunder Bay
HEARD & ENDORSED:
March 26, 2004
On appeal from the order of Justice Helen M. Pierce of the Superior Court of Justice dated July 10, 2003.
A P P E A L B O O K E N D O R S E M E N T
1There are two issues on this appal:
(1) whether the appellant was acting qua councillor in the context of the suit brought against him by various electors in relation to his election expenses; and
(2) whether the resolution of the City Council dated February 10, 2003 relating to the payment of the appellant’s legal fees was ultra vires.
2On both issues, we agree entirely with the analysis and conclusions of Pierce J. Accordingly, the appeal is dismissed with costs fixed at $5000, inclusive of disbursements and GST.