COURT OF APPEAL FOR ONTARIO

2016 ONCA 180

DATE: 20160301

DOCKET: C60999

Juriansz, Epstein and Pepall JJ.A.

BETWEEN

Coleen Pollari

Plaintiff (Appellant)

and

Scotia Bank Theatre Toronto, Famous Players Limited Partnership, Festival Hall Developments Limited and Viacom Canada Inc.

Defendants

and

ThyssenKrupp Elevator

Third Party (Respondent)

William G. Scott, for the appellant

Kara L. Denny, for the respondent

Heard: February 29, 2016

On appeal from the order of Justice Ivan S. Bloom of the Superior Court of Justice, dated August 14, 2015.

APPEAL BOOK ENDORSEMENT

[1] The appellant has failed to advance evidence to rebut the presumption under s. 5(2) and to overcome the requirements of s. 5(1)(b) of the Limitations Act. This is sufficient to dispose of the appeal, which is dismissed.

[2] Costs in favour of the respondent are fixed in the amount of $7,500 all inclusive.