COURT OF APPEAL FOR ONTARIO
DOHERTY, ARMSTRONG and LANG JJ.A.
BETWEEN:
MACOURTICE DEVELOPMENTS INC.
Plaintiff (Appellant)
and
CORPORATION OF THE MUNICIPALITY OF CLARINGTON and APPRAISAL GROUP INC.
Defendant (Respondent)
R. Leigh Youd and Shauna Hoare for the plaintiff (appellant)
Irving Marks and Jeffrey Dicker for the defendant (respondent)
Heard: September 18, 2007
On appeal from the judgments of Justice E.P. Belobaba of the Superior Court of Justice dated December 14, 2005 and September 5, 2006.
APPEAL BOOK ENDORSEMENT
1The trial judge made no error in law. His findings of fact are fully supported by the evidence and given the onus of proof on the appellant, justified his disposition of the claim. The appeal is dismissed.
2The respondent should have its costs. Taking into account the failed cross-appeal by the respondent, we would fix the costs of the appeal at $15,000 “all in”.
ENDORSEMENT ON CROSS-APPEAL
3We see no error in the trial judge’s exercise of his discretion on the question of costs.
4Leave to appeal is dismissed.