Court File and Parties
CITATION: Cusimano v. City of Toronto, 2011 ONSC 5570
DIVISIONAL COURT FILE NO.: 397/11
DATE: 20110919
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, DAMBROT AND SPROAT JJ.
BETWEEN:
AGUSTINE G. CUSIMANO Applicant (Respondent in Appeal)
- and –
CITY OF TORONTO Respondent (Applicant in Appeal)
COUNSEL:
Lorne Honickman, Meredith Rady and Rory Barnable, for the Applicant (Respondent in Appeal)
Julian Heller and Zabihullah Yaqeen, for S. Payne and M. Augimeri
Diana W. Dimmer, Susan L. Ungar and Tim Carre, for the City of Toronto, Respondent (Applicant in Appeal)
George Rust-D’Eye, for Michael Sullivan
HEARD at Toronto: September 19, 2011
Oral Reasons for Judgment
JENNINGS J. (orally)
[1] As Mr. Heller candidly conceded, rarely will a constitutional question as far reaching as the attack upon the constitutionality of some of the provisions of the Municipal Elections Act, be heard upon less than a full record.
[2] We accept that as Ms. Agumeri was not then a party, this issue could not be raised before the motions judge. Nevertheless, the record before us is woefully inadequate to support the challenge proposed.
[3] Lederman J., in adding Ms. Agumeri as a party, said at paragraph 44 of his Reasons, that his order was not to “unduly [widen] the focus scope or nature of the appeal.” That alone militates against hearing the Charter issues at this stage. There is nothing to prevent a Charter challenge application from being launched at any time upon a proper record.
[4] We will not hear the application in this appeal. Additionally, we see no useful purpose being served in referring that issue back to the motions judge for hearing upon a fresh and proper record.
JENNINGS J.
DAMBROT J.
SPROAT J.
Date of Reasons for Judgment: September 22, 2011
Date of Release: September 27, 2011
CITATION: Cusimano v. City of Toronto, 2011 ONSC 5570
DIVISIONAL COURT FILE NO.: 397/11
DATE: 20110919
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, DAMBROT AND SPROAT JJ.
BETWEEN:
AGUSTINE G. CUSIMANO
Applicant
(Respondent in Appeal)
- and –
CITY OF TORONTO
Respondent
(Applicant in Appeal)
ORAL REASONS FOR JUDGMENT
JENNINGS J.
Date of Reasons for Judgment: September 22, 2011
Date of Release: September 27, 2011