Court File and Parties
Court of Appeal for Ontario
Before: Doherty, Cronk and Juriansz JJ.A.
Between:
Grand River Conservation Authority Applicant (Respondent by Counter-Application) (Respondent on Appeal)
and
Kirk Charles Hargreaves Respondent (Applicant by Counter-Application) (Appellant)
Counsel: Robert Dowhan, for the appellant Heath Whiteley, for the respondent
Heard: November 5, 2008
On appeal from the judgment entered on May 19, 2004, by Justice Joseph M. Fragomeni of the Superior Court of Justice.
Appeal Book Endorsement
1The argument on appeal came down to the motion judge’s refusal to grant relief from forfeiture. The order requested on the motion was both equitable and discretionary. We see no error in principle in the exercise of that discretion. In our view the order is not unreasonable.
2The amount actually owed to the respondent under the lease, and in particular the respondent’s entitlement to costs relating to the proceedings before the tribunal, are for another day presumably after the property has been sold and the proceeds are to be distributed.
3Costs to the respondent fixed at $4,000 inclusive of GST and disbursements.