Court of Appeal for Ontario

697578 Ontario Inc. (Hotel Europa) v. Niagara Falls (City)

Date: 2002-10-02

(C37458)

John Crossingham, Crossingham, Brady, for the applicant/appellant;

Barnet Kussner, Weir & Foulds, for the respondent/respondent in appeal.

Endorsement

[1] By the Court: We agree with the reasons of Henderson, J., that Oshawa (City) v. 505191 Ontario Ltd. (1986), 27 D.L.R.(4th) 236 (Gen. Div.), is determinative, and that there is no evidentiary base to support a s. 2(b) Charter challenge.

[2] The appeal is dismissed with costs fixed in the amount of $12,500.

Appeal dismissed.