DATE: 20041206

DOCKET: C38674

COURT OF APPEAL FOR ONTARIO

RE:

KENNETH PANTLIN ((Plaintiff (Appellant)) – and – THE CORPORATION OF THE CITY OF TORONTO, TORONTO HOUSING COMPANY INC., BOB DRYDEN and GREGORY P. JOHNSTONE (Defendants (Respondents))

BEFORE:

ROSENBERG, MOLDAVER and SIMMONS JJ.A.

COUNSEL:

Lawrence Theall and J. Brown

for the appellant

Douglas O. Smith

for the respondent City of Toronto, Toronto Housing Company and Bob Dryden

Gary Shortliffe for Gregory P. Johnstone

HEARD & ENDORSED:

December 2, 2004

On appeal from the judgment of Justice Alexandra Hoy of the Superior Court of Justice dated July 5, 2002.

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

[1] Despite Mr. Theall’s able argument, we have not been persuaded that the trial judge made any reversible error. While the facts were largely uncontested the inferences to be drawn from those facts and the application of the law to those facts, especially the findings respecting negligence, were entitled to deference. We agree with the trial judge that no contract was formed. As for the claims in negligence, assuming there was a duty owed to the appellant, it was open to the trial judge to find, as she did, that there was no negligence on the part of the City’s officials.

[2] Accordingly, the appeal is dismissed with costs fixed as follows:

(a) To the respondent City - $10,000 inclusive of G.ST. and disbursements.

(b) To the respondent Johnston - $1,500 inclusive of G.S.T and disbursements

(c) No costs of the motion to set aside the Order of the Registrar.