COURT OF APPEAL FOR ONTARIO
Roberts, Coroza and Pomerance JJ.A.
BETWEEN
David John Rowe
Plaintiff/Moving Party/ Responding Party by Cross-Motions (Appellant)
and
His Majesty the King in Right of Canada and His Majesty the King in Right of Ontario and Grand Erie Business Centre Inc.
Defendants/Responding Parties/ Moving Parties by Cross-Motions (Respondents)
David John Rowe, acting in person
Arian Monadjem, appearing as amicus curiae, Pro Brono Ontario
Michael J. Sims, for the respondent His Majesty the King in right of Ontario
Cameron Fiske and Tajesh Adhihetty, for the respondent His Majesty the King in right of Canada
Heard: June 25, 2026
On appeal from the order of Justice Michael R. Gibson of the Superior Court of Justice, dated September 11, 2025, with reasons reported at 2025 ONSC 5175.
REASONS FOR DECISION
1The parties have agreed to settle the appeal and the motion for fresh evidence on the following terms: 1) the appeal and the motion to produce fresh evidence are dismissed with prejudice and without costs, on consent; 2) Ontario undertakes not to enforce the $3,000 in costs ordered below. Canada did not ask for costs below.
2Order to go on consent in accordance with the terms of this settlement.
“L.B. Roberts J.A.”
“S. Coroza J.A.”
“R. Pomerance J.A.”