CITATION: Macourtice Developments Inc. v. Corporation of the Municipality of Clarington, 2007 ONCA 651
DATE: 20070921
DOCKET: C44740
COURT OF APPEAL FOR ONTARIO
DOHERTY, ARMSTRONG and LANG JJ.A.
BETWEEN:
MACOURTICE DEVELOPMENTS INC.
Plaintiff (Appellant)
and
CORPORATION OF THE MUNICIPALITY OF CLARINGTON and APPRAISAL GROUP INC.
Defendant (Respondent)
R. Leigh Youd and Shauna Hoare for the plaintiff (appellant)
Irving Marks and Jeffrey Dicker for the defendant (respondent)
Heard: September 18, 2007
On appeal from the judgments of Justice E.P. Belobaba of the Superior Court of Justice dated December 14, 2005 and September 5, 2006.
APPEAL BOOK ENDORSEMENT
[1] The trial judge made no error in law. His findings of fact are fully supported by the evidence and given the onus of proof on the appellant, justified his disposition of the claim. The appeal is dismissed.
[2] The respondent should have its costs. Taking into account the failed cross-appeal by the respondent, we would fix the costs of the appeal at $15,000 “all in”.
ENDORSEMENT ON CROSS-APPEAL
[3] We see no error in the trial judge’s exercise of his discretion on the question of costs.
[4] Leave to appeal is dismissed.