DATE: 20040326

DOCKET: C40503, C40505

COURT OF APPEAL FOR ONTARIO

RE:

ORVILLE SANTA (Plaintiff/Appellant) – and THE CORPORATION OF THE CITY OF THUNDER BAY (Defendant/Respondent)

AND RE:

IN THE MATTER OF THE CORPORATION OF THE CITY OF THUNDER BAY

BEFORE:

MACPHERSON, SIMMONS and ARMSTRONG

COUNSEL:

Francis J. Thatcher and Mary D. Bird

for Orville Santa

David G. Boghosian

for The Corporation of the City of Thunder Bay

HEARD & ENDORSED:

March 26, 2004

On appeal from the order of Justice Helen M. Pierce of the Superior Court of Justice dated July 10, 2003.

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

[1] There are two issues on this appal:

(1) whether the appellant was acting qua councillor in the context of the suit brought against him by various electors in relation to his election expenses; and

(2) whether the resolution of the City Council dated February 10, 2003 relating to the payment of the appellant’s legal fees was ultra vires.

[2] On both issues, we agree entirely with the analysis and conclusions of Pierce J. Accordingly, the appeal is dismissed with costs fixed at $5000, inclusive of disbursements and GST.