CITATION: A. Mantella & Sons Limited v. Ontario Realty Corporation, 2009 ONCA 115

DATE: 20090205

DOCKET: C49000

COURT OF APPEAL FOR ONTARIO

Laskin, Feldman and Cronk JJ.A.

BETWEEN

A. Mantella & Sons Limited

Plaintiff (Appellant)

and

Ontario Realty Corporation, City of Mississauga and Dixie Ford Sales Ltd.

Defendants (Respondents)

Daniel F. Chitiz and Tamara Ramsey, for the appellant

Stephen R. Morrison and Cara L. Shamess, for the respondent, Ontario Realty Corporation

Michal E. Minkowski, for the respondent, City of Mississauga

Sean L. Gosnell, for the respondent, Dixie Ford Sales Ltd.

Robert J. Howe and Ava Kanner, for the respondent, Tony Miele

Heard: February 4, 2009

On appeal from the order of Justice Laurence Arthur Patillo of the Superior Court of Justice dated May 23, 2008.

APPEAL BOOK ENDORSEMENT

[1] The motion judge gave careful and thorough reasons. We see no error in his decision on either of the points argued on the appeal.

[2] Accordingly, the appeal is dismissed. The respondents are entitled to their costs, which we fix as follows (inclusive of disbursements and GST):

• City of Mississauga - $2,500;

• Dixie Ford Sales Ltd. - $2,500;

• Ontario Realty Corporation - $10,000; and

• Tony Miele - $8,000.