DATE: 20031030

DOCKET: C38987

COURT OF APPEAL FOR ONTARIO

RE:

WINDSOR PORT AUTHORITY (Applicant/Respondent in Appeal) v. K-SCRAP RESOURCES LTD., JOHN RODZIK, DONALD RODZIK and DEBORAH LOUISE SHERMAN (Respondents/Appellants in Appeal)

BEFORE:

O’CONNOR A.C.J.O., CATZMAN and ABELLA JJ.A.

COUNSEL:

Myron W. Shulgan, Q.C.

for the appellant

William V. Sasso

for the respondent

HEARD & ENDORSED:

October 23, 2003

On appeal from the judgment of Justice Robert J. Abbey dated September 23, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] In our view, a fair reading of the two 1973 agreements demonstrates a sufficiently clear intention to comply with the Planning Act, if necessary, so as to come within the exception in s. 29(2) of the Act.

[2] Section 4 of the Limitations Act does not apply to the transaction in issue.

[3] Accordingly, the appeal is dismissed.

[4] Costs are fixed in the amount of $10,000 inclusive of disbursements and G.S.T.