COURT OF APPEAL FOR ONTARIO
DATE: 20000218
DOCKET: C32723
RE: JOSEPH NICHOLAS JOHN IACOBACCIO (Plaintiff/Appellant)
and HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
CORPORATION OF THE CITY OF BARRIE, DAVID ODAGUCHI/TECHNOWIZARDS INC., DAWNE JUBB. DANSON, RECHT & FREEDMAN, CARBONARDO, DAKIN FLUDE & MIKLINSKI,
MANDELBAUM SPERGEL INC. CONSOLIDATED ASSETS INC.
10204540 ONTARIO INC., JOHN TRECAPELLI, PAUL
LEFORESTIER, MRS. MARY FAGAN (Defendant/Respondent
on Appeal/ The Corporation of the City of Barrie)
BEFORE: AUSTIN, MOLDAVER AND BORINS JJ.A.
COUNSEL: Joseph N.J. Iacobaccio (in person)
Robert P. Marcantonio, for the
Defendant/Respondent on Appeal
HEARD: February 15, 2000
On appeal from the order and judgment of MacKinnon J. dated
July 29, 1999
E N D O R S E M E N T
[1] We recognize that the appellant is asserting a personal
claim against the City of Barrie for his loss of income while an
employee of Ruanne’s Restaurant Inc. which is now a bankrupt
company and that he is not purporting to assert a claim on behalf
of that company. Nevertheless, we are satisfied that as pleaded,
the appellant has no cause of action against the City of Barrie
in his personal capacity.
[2] Although we are not in complete agreement with the reasons
of the motions judge for dismissing the plaintiff’s claim, we
agree with the result.
[3] Therefore, the appeal is dismissed with costs. The cross-
appeal is quashed without costs.
“Austin J.A.”
“M.J. Moldaver J.A.”
“S. Borins J.A.”