Court File and Parties

Citation: Grand River Conservation Authority v. Hargreaves, 2008 ONCA 753

Date: 2008-11-05

Docket: C42002

Court of Appeal for Ontario

Before: Doherty, Cronk and Juriansz JJ.A.

Between:

Grand River Conservation Authority Applicant (Respondent by Counter-Application) (Respondent on Appeal)

and

Kirk Charles Hargreaves Respondent (Applicant by Counter-Application) (Appellant)

Counsel: Robert Dowhan, for the appellant Heath Whiteley, for the respondent

Heard: November 5, 2008

On appeal from the judgment entered on May 19, 2004, by Justice Joseph M. Fragomeni of the Superior Court of Justice.

Appeal Book Endorsement

[1] The argument on appeal came down to the motion judge’s refusal to grant relief from forfeiture. The order requested on the motion was both equitable and discretionary. We see no error in principle in the exercise of that discretion. In our view the order is not unreasonable.

[2] The amount actually owed to the respondent under the lease, and in particular the respondent’s entitlement to costs relating to the proceedings before the tribunal, are for another day presumably after the property has been sold and the proceeds are to be distributed.

[3] Costs to the respondent fixed at $4,000 inclusive of GST and disbursements.