Court File and Parties

Citation: Municipal Parking Corporation v. Toronto (City), 2007 ONCA 817

Date: 2007-11-29

Docket: C45551

Court of Appeal for Ontario

Weiler, Rosenberg and Simmons JJ.A.

Between:

Municipal Parking Corporation

Applicant (Respondent on Appeal)

And

City of Toronto

Respondent (Appellant)

Counsel:

Ansuya Pachai for the City of Toronto

Louis Sokolov, Peter Copeland, and Heidi Rubin for Municipal Parking Corporation

Heard: April 10 and 13, 2007

On appeal from the order of Justice Elizabeth M. Stewart of the Superior Court of Justice dated May 23, 2006.

Costs Endorsement

[1] In the unusual circumstances of this case, the costs order of the application judge is set aside and the costs of the original application together with the costs of this appeal are reserved to the application judge who determines the issues remitted to the Superior Court.

[2] While the City of Toronto was wholly successful in relation to the one issue that was dealt with on this appeal, several issues raised on the application were not dealt with in the court below and, accordingly, the question of the ultimate success on the application remains to be determined. In these circumstances, in our view, the issues of the costs of the original application and of this appeal are best dealt with by the application judge who determines the issues remitted to the Superior Court.

“Karen M. Weiler J.A.”

“Marc Rosenberg J.A.”

“Janet Simmons J.A.”