COURT OF APPEAL FOR ONTARIO
RE:
THE CORPORATION OF THE TOWNSHIP OF ORO‑MEDONTE, HARRY EVANS, SHIRLEY EVANS, HOWARD LEAKE, PAULINE LEAKE, KRIS MENZIES, PETER MEPHAM, LINDA MEPHAM, LUIGI DE FRANCESCO, CHRIS CHAPMAN, DOUG CAMPBELL, KIM CAMPBELL, JAMES C. MEPHAM, 622173 ONTARIO LIMITED, JACK McKEOWN, YVONNE McKEOWN, MIKE DAHONICK and RITA DAHONICK (Appellants) -and- NADIA DROHIBYCKY on behalf of herself and all others who have an interest in the property described as Blocks A, B and C and westerly 10 feet throughout of Lot 33, Plan 709, Township of Oro‑Medonte, County of Simcoe (Respondent)
AND RE:
NADIA DROHIBYCKY on behalf of herself and all others who have an interest in the property described as Blocks A, B and C and westerly 10 feet throughout of Lot 33, Plan 709, Township of Oro‑Medonte, County of Simcoe (Applicant/Respondent) -and-
TOWNSHIP OF ORO‑MEDONTE, HARRY EVANS, SHIRLEY EVANS, HOWARD LEAKE, PAULINE LEAKE, KRIS MENZIES, PETER MEPHAM, LINDA MEPHAM, LUIGI DE FRANCESCO, CHRIS CHAPMAN, DOUG CAMPBELL, KIM CAMPBELL, JAMES C. MEPHAM, 622173 ONTARIO LIMITED, JACK McKEOWN, YVONNE McKEOWN, MIKE DAHONICK and RITA DAHONICK (Respondents/Appellants)
BEFORE:
CATZMAN, LASKIN and ARMSTRONG JJ.A.
COUNSEL:
Christopher J. Williams, Eileen Costello and Cleo C. Kirkland
for the appellant in C41318/respondent in C41328
The Corporation of the Township of Oro-Medonte
Christopher J. Tzekas
for the appellants in C41328/respondents in C41318
Evans, Leake, Menzies, Mepham, De Francesco, Chapman, Campbell, 622173 Ontario Limited, McKeown and Dahonick
Brian M. Morris and Justin M. Jakubiak
for the respondent in C41318/applicant (respondent) in C41328
Nadia Drohibycky
HEARD AND ENDORSED:
February 10, 2005
On appeal from the judgment of Justice Hugh M. O’Connell of the Superior Court of Justice dated December 31, 2003.
A P P E A L B O O K E N D O R S E M E N T
1Minutes of settlement were filed today with the court. On consent, this appeal is allowed in accordance with those minutes. In allowing the appeal on consent, we are not to be considered to have passed any judgment on the merits of the decision of O’Connell J.