Court File and Parties

Court: COURT OF APPEAL FOR ONTARIO Date: 2024-07-04 Docket: COA-23-CV-1226

Before: Roberts, Zarnett and Favreau JJ.A.

Between: Craft Kingsmen Rail Corp. Applicant/Respondent (Appellant)

And: Municipal Property Assessment Corporation and City of Toronto Respondents/Appellants (Respondents)

Counsel: Stephen Longo and Jamie Walker, for the appellant Melissa VanBerkum, for the respondent, Municipal Property Assessment Corporation Christopher Henderson and Meghan Faught, for the respondent, City of Toronto

Heard and released orally: July 3, 2024

On appeal from: the order of the Divisional Court (Justices Elizabeth M. Stewart, Benjamin T. Glustein and Robert Charney), dated January 11, 2023, with reasons reported at 2023 ONSC 292, 165 O.R. (3d) 561, allowing the appeals from the order of Justice Frederick L. Myers of the Superior Court of Justice, dated April 11, 2022, with reasons reported at 2022 ONSC 2222.

Reasons for Decision

[1] We see no error in the Divisional Court’s reasoning or conclusions, with which we agree. For the reasons of the Divisional Court, the appeal is dismissed.

[2] The parties have agreed that the respondents are entitled to all-inclusive costs of $35,000 in total, to be divided between them as agreed, and payable by the appellant for the proceedings in the Superior Court of Justice, the Divisional Court and this court, including the motion for leave to appeal.

“L.B. Roberts J.A.”

“B. Zarnett J.A.”

“L. Favreau J.A.”