Court File and Parties
CITATION: D.D.S. Investments v. City of Toronto, 2010 ONSC 1370
DIVISIONAL COURT FILE NO.: 351/06
DATE: 20100303
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MCCOMBS, DAMBROT AND SACHS JJ.
BETWEEN:
D.D.S. INVESTMENTS LTD. Claimant (Appellant on Appeal)
– and –
CITY OF TORONTO Respondent (Respondent on Appeal)
Counsel:
Robert G. Ackerman, for the Appellant
Brendan E. O’Callaghan, for the Respondent
HEARD at Toronto: March 3, 2010
Oral Reasons for Judgment
DAMBROT J. (ORALLY)
[1] The appellant, at the outset of this appeal has sought leave to file an Amended Notice of Appeal and has asked us to permit the introduction of fresh evidence in relation to the issues raised in the proposed amended appeal.
[2] The proposed amended appeal raises two grounds for relief. The first ground reads as follows:
An order varying and increasing the amount of $30,000.00 awarded for damages for injurious affection to the sum of $143,700.00.
[3] The Court has concluded that we will refuse leave to add this ground of appeal and so, as a result, we refuse leave to adduce fresh evidence in support of it. Our reasons for this conclusion will follow.
[4] With respect to the second issue raised in the proposed amended notice of appeal, we have concluded that we cannot deal with that issue until we have heard argument on the appeal itself because it is inextricably interwoven with the resolution of one of the grounds of appeal in that appeal.
[5] Accordingly, we will reserve our decision in respect of the second issue and similarly reserve our decision with respect to the admissibility of fresh evidence in support of that second ground of appeal.
DAMBROT J.
MCCOMBS J.
SACHS J.
Date of Reasons for Judgment: March 3, 2010
Date of Release: March 31, 2010
CITATION: D.D.S. Investments v. City of Toronto, 2010 ONSC 1370
DIVISIONAL COURT FILE NO.: 351/06
DATE: 20100303
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MCCOMBS, DAMBROT AND SACHS JJ.
BETWEEN:
D.D.S. INVESTMENTS LTD. Claimant (Appellant on Appeal)
– and –
CITY OF TORONTO Respondent (Respondent on Appeal)
ORAL REASONS FOR JUDGMENT
DAMBROT J.
Date of Reasons for Judgment: March 3, 2010
Date of Release: March 31, 2010