Court of Appeal for Ontario

Green v. North York (City)

Date: 2001-08-16

Counsel: Paul Gemmink, for the appellant; Stuart Forbes, for the respondent.

(C31849)

[1] By the Court: The trial judge was correct in concluding that the clearing of snow by the municipality from the national sidewalk was not a corporate act of the municipality sufficient to demonstrate its clear and unequivocal reiteration to assume the entire parking lot for public use. His decision is in conformity with that of this Court in Scott v. North Bay (City) (1977), 18 O.R.(2d) 365 (C.A.), at 367-369. Therefore, the appeal is dismissed with costs.

Appeal dismissed