DATE: 20041118
COURT OF APPEAL FOR ONTARIO
RE:
THE CHIPPEWAS OF MNJIKANING FIRST NATION (Applicant) (Appellant) – and – CHC CASINOS CANADA LIMITED, ONTARIO LOTTERY AND GAMING CORPORATION and ONTARIO FIRST NATIONS LIMITED PARTNERSHIP (Respondents)
BEFORE:
WEILER, SHARPE and BLAIR JJ.A.
COUNSEL:
M. Philip Tunley and
Keary Grace
for the appellant
Bonnie A. Tough
for the respondent CHC Casinos Canada Ltd.
James W.E. Doris and
Matthew Milne-Smith
for the respondent
Ontario Lottery and Gaming Corporation
Tycho M.J. Manson
Ontario First Nations Limited Partnership
HEARD & ENDORSED:
November 16, 2004
On appeal from the judgment of Justice Katherine E. Swinton of the Superior Court of Justice dated January 2, 2004.
A P P E A L B O O K E N D O R S E M E N T
1We find it unnecessary to comment on the standard of review in this case. Although the appellant raised a number of grounds of appeal we are satisfied that the reasons of Swinton J. adequately dealt with each of those grounds and we agree with her.
2Accordingly, we would dismiss the appeal with costs fixed in the amount of $5,000 to OLGC and $4,000 to OFNLP, all inclusive.