Court of Appeal for Ontario

Citation: Arenson v. Toronto (City), 2009 ONCA 169

Date: 20090223

Docket: C49276

Before: Borins, Cronk and LaForme JJ.A.

Between:

Anna Marie Arenson

Plaintiff (Respondent)

and

City of Toronto

Defendant (Appellant)

Counsel:

Darrel Smith, for the appellant

Kenneth Arenson, for the respondent

Heard: February 20, 2009

On appeal from the order of Justice Paul M. Perell of the Superior Court of Justice dated July 21, 2008.

APPEAL BOOK ENDORSEMENT

[1] We see no reason to interfere with the motion judge’s discretionary order to permit the respondent leave to amend her statement of claim. If there is any reason for the parties to be concerned with the clarity of the motion judge’s order, counsel should obtain clarification from the motion judge.

[2] Moreover, we are satisfied that the entirety of the respondent’s claim is not governed by the Provincial Offences Act. The respondent cannot recover her damages under the Act.

[3] In view of counsel’s concession, we do not have to deal with the additional matters raised by the respondent.

[4] We would dismiss the appeal with costs fixed at $7,500 all inclusive.