Court of Appeal for Ontario
BEFORE: Winkler C.J.O., Sharpe & Armstrong J.J.A.
BETWEEN:
Toronto Transit Commission
Respondent
and
The Minister of Finance
Appellant
COUNSEL:
Lori E.J. Patyk and Walter Kim, for the Appellant
Robert Couzin and Michele Anderson, for the Respondent
HEARD: September 9, 2009
On appeal from the judgment of the Honourable Mr. Justice Strathy of the Superior court of Justice dated December 19, 2008
APPEAL BOOK ENDORSEMENT
1In our view, all points raised by the appellant are entirely answered by the careful and thorough reasons of the trial judge. We see no error and hence no reason for interfering in the decision below.
2The appeal is dismissed.
3As for the appeal on costs, the appellant requires leave to appeal. On the record before the court there is no basis upon which such leave could be granted.
4Costs to the respondent agreed in the amount of $25,000 inclusive of GST and disbursements.
