Court File and Parties
COURT OF APPEAL FOR ONTARIO
BORINS, MACPHERSON and GILLESE JJ.A.
BETWEEN:
TORONTO STANDARD CONDOMINIUM CORPORATION NO. 1703
Plaintiff (Appellant)
and
1KING WEST INC., KING WEST DEVELOPMENTS INC., ELLISDON CORPORATION, PROJECTCORE INC., STANFORD DOWNEY ARCHITECT INC., YOLLES PARTNERSHIP INC., CBM GROUP LTD., RAYMOND KWOK & ASSOCIATES ENGINEERING LTD., and CITY OF TORONTO
Defendants (Respondents in Appeal)
Mark H. Arnold for the appellant
P.M. Conway for the respondents
Heard: June 13, 2008
On appeal from the judgment of Justice William P. Somers of the Superior Court of Justice dated December 18, 2007.
APPEAL BOOK ENDORSEMENT
1The motion judge struck out several paragraphs of the pleading on the ground that the ruling of the Ontario Securities Commission, in respect to which the appellant sought a declaration of non-compliance, was not a contract as required by s. 23(1)(b) of the Condominium Act.
2In our view, he was correct. This is not a case where granting leave to amend would cure the deficiency in the pleading. Accordingly, the appeal is dismissed with costs in the amount of $7,000.00 inclusive of disbursements and G.S.T.