COURT OF APPEAL FOR ONTARIO

DATE: 20000821

DOCKET: C33083

RE: WAYNE GUINEY (Plaintiff (Appellant)) and THE CORPORATION OF THE CITY OF TORONTO (Defendant (Respondent))

BEFORE: GOUDGE, FELDMAN AND MACPHERSON JJ.A.

COUNSEL: A. Melvin Sokolsky

For the appellant

Andrew M. Stikuts

For the respondent

HEARD: August 18, 2000

On appeal from the judgment of Madam Justice Katherine E. Swinton dated October 6, 1999.

E N D O R S E M E N T

[1] In our view, in the circumstances of this case, there was a juristic reason for the retention of the benefit conferred on the City. The appellant’s contract contemplated that he would receive equivalent time off for the extra time he worked. Given that the appellant voluntarily put himself beyond the point of being able to enforce the City’s obligation, we agree with the trial judge that the appellant is unable to establish the absence of a juristic reason for the City retaining the benefit.

[2] The appeal must be dismissed but, in the circumstances, without costs.

“S.T. Goudge J.A.”

“K. Feldman J.A.”

“J. C. MacPherson J.A.”