Court File and Parties

CITATION: 1087086 Ontario Inc. v. Totten Sims Hubicki Associates (1997) Limited, 2007 ONCA 627

DATE: 20070913

DOCKET: C46459

COURT OF APPEAL FOR ONTARIO

LASKIN, GOUDGE and LAFORME JJ.A.

BETWEEN:

1087086 ONTARIO INC.

Plaintiff/Appellant

and

TOTTEN SIMS HUBICKI ASSOCIATES (1997) LIMITED, 1220585 ONTARIO LTD., ROBERT B. BAKER, RUDI WARME, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTRY OF NATURAL RESOURCES, and OTONABEE REGION CONSERVATION AUTHORITY

Defendants/Respondents

Counsel: Brian M. Campbell and Conrad Schieckedanz for the appellants Peter Mitchell for the respondents

Heard: September 13, 2007

On appeal from the summary judgment of Justice R.N. Weekes of the Superior Court of Justice dated December 8, 2006.

APPEAL BOOK ENDORSEMENT

[1] We substantially agree with the reasons of the motion judge. The statute and the regulation do not create a private law duty of care. We see no reason to interfere with the motion judge’s discretionary costs award.

[2] Accordingly, the appeal is dismissed with costs fixed at $5,733.32.