Court Information
Court of Appeal for Ontario
Reference: Nemmour c. Toronto (City), 2017 ONCA 377
Judges: Rouleau, Pardu and Roberts JJ.A.
Parties
Between
Mohamed Nemmour Appellant
and
City of Toronto, Ed Sparling, Gord Tanner Respondents
Representation
Mohamed Nemmour, in person
Matthew Cornett, for the respondents
Hearing and Decision
Decision Rendered: Orally at the conclusion of the hearing
Appeal from: The judgment of Justice Andra Pollak of the Superior Court of Justice, dated February 8, 2016
Reasons for Decision
1At trial, the judge determined that the site occupied by the appellant is land belonging to the City of Toronto and that the appellant was not authorized to place his property there.
2The appellant raises essentially the same arguments before us.
3The determination that the site where the appellant's property was located belongs to the City is a question of fact. In our view, the judge committed no palpable and overriding error. The conclusion she drew that the City had the authority to remove and destroy the appellant's property located there is well-founded.
4For these reasons, the appeal is dismissed.
5There shall be no order for costs.
Paul Rouleau J.C.A.
G. Pardu J.A.
L.B. Roberts J.C.A.