Court of Appeal for Ontario

CITATION: Rodriguez Holding Corp. v. Vaughan (City), 2007 ONCA 256

DATE: 20070410

DOCKET: C45984

DOHERTY, LASKIN and JURIANSZ JJ.A.

BETWEEN:

RODRIGUEZ HOLDING CORP.

Plaintiff (Appellant)

and

THE CORPORATION OF THE CITY OF VAUGHAN

Defendant (Respondent)

Counsel:

Roderick MacDougall and Ken Strong for the appellant

Andrew Heal for the respondent

Heard: April 4, 2007

On appeal from the judgment of Justice Power of the Superior Court of Justice dated August 21, 2006.

APPEAL BOOK ENDORSEMENT

[1] We agree with the motion judge’s holding that there was no “de facto” expropriation effected by the open space by-law. The argument that the respondent does not have the power to require dedication of the Woodlot as a condition to site plan approval was not raised in the pleadings or in the court below. The issue cannot be raised at this juncture. We note that OPA 600 appears to give specific approval to the respondent’s approach to the Woodlot dedication.

[2] There was no basis in the pleadings upon which the appellant could advance much less succeed on an allegation of malfeasance of public office against the respondent.

[3] The appeal is dismissed. Costs to the respondent in the amount of $2,500 “all in”.