COURT OF APPEAL FOR ONTARIO
Rouleau, Brown and Huscroft JJ.A.
BETWEEN
The Corporation of the Municipality of Northern Bruce Peninsula
Applicant (Appellant)
and
Doris A. Kerry and Floyd J. Kerry
Respondent (Respondents in Appeal)
Michael M. Miller, for the appellant
No one appearing for the respondents
Heard: May 19, 2016
On appeal from the order of Justice David Price of the Superior Court of Justice, dated November 25, 2015.
APPEAL BOOK ENDORSEMENT
1In our view, the motion judge’s November 25, 2015 order went beyond the requirements of the statute and ought to be set aside.
2In the unusual circumstances of this case and given the assurance of counsel to the effect that the municipality, although it maintains that it was not required to do so, has in fact complied with the service requirements set out in that order and no claim has been advanced by the executors of the estate of the former owners within the time stipulated, we set aside the order of the motion judge and substitute an order for payment out to the municipality as per paragraph 1 of the notice of appeal.