DATE: 20040217
DOCKET: C38971
COURT OF APPEAL FOR ONTARIO
RE: 3601 VICTORIA PARK LIMITED (Applicant/Appellant) – and – 1279482 ONTARIO INC. and TIMOTHY NGAI (Respondents)
BEFORE: LASKIN, FELDMAN and ARMSTRONG JJ.A.
COUNSEL: Ford W. Wong and Sandy Yeung for the appellant
Roger A. Gosbee for the respondents
HEARD: September 12, 2003
On appeal from the order of Justice Ruth E. Mesbur of the Superior Court of Justice dated September 24, 2002.
S U P P L E M E N T A R Y E N D O R S E M E N T
[1] The members of the panel have reviewed their notes of the hearing of this appeal. We agree with Mr. Wong that the panel intended to order a trial of the issue only on Part 4 of section 444.1(1) of the Municipal Act. In the panel’s view, the offer to lease, which was entered into before June 11, 1998, satisfied Part 1 of the section.
“John Laskin J.A.”
“K. Feldman J.A.”
“Robert P. Armstrong J.A.”