Court of Appeal for Ontario

CITATION: Toronto Transit Commission v. Ontario (Finance), 2009 ONCA 658

DATE: 20090916

DOCKET: C49931

BEFORE: Winkler C.J.O., Sharpe & Armstrong J.J.A.

BETWEEN:

Toronto Transit Commission

Respondent

and

The Minister of Finance

Appellant

COUNSEL:

Lori E.J. Patyk and Walter Kim, for the Appellant

Robert Couzin and Michele Anderson, for the Respondent

HEARD: September 9, 2009

On appeal from the judgment of the Honourable Mr. Justice Strathy of the Superior court of Justice dated December 19, 2008

APPEAL BOOK ENDORSEMENT

[1] In our view, all points raised by the appellant are entirely answered by the careful and thorough reasons of the trial judge. We see no error and hence no reason for interfering in the decision below.

[2] The appeal is dismissed.

[3] As for the appeal on costs, the appellant requires leave to appeal. On the record before the court there is no basis upon which such leave could be granted.

[4] Costs to the respondent agreed in the amount of $25,000 inclusive of GST and disbursements.