Court File and Parties

CITATION: Cameco Corporation v. 970236 Ontario Inc., 2009 ONCA 674

DATE: 20090923

DOCKET: C50362

COURT OF APPEAL FOR ONTARIO

Winkler C.J.O., Sharpe and Armstrong JJ.A.

BETWEEN

Cameco Corporation

Applicant

and

970236 Ontario Inc., operating as Bailey’s Automotive Recycling and Andre Milne

Respondents

Counsel:

Andre Milne, in person

Peter Lukasiewicz, for the respondents

Heard and released orally: September 10, 2009

On appeal from the judgment of Justice Drew Gunsolus of the Superior Court of Justice dated March 11, 2009.

ENDORSEMENT

[1] The trial judge in this matter found that the appellant had been living and working on the property of the respondent Cameco Corporation without legal right and ordered that the appellant should vacate the property. At the same time, he allowed him a substantial grace period before a writ of possession should issue. In the interim, the appellant was ordered to remove his personal property including certain working tools and equipment by fixed dates. The appellant did not do so in respect of his working tools.

[2] Before this court, he argues that his property and Charter rights have been breached by virtue of the trial judge’s order. We disagree. We see no error on the part of the trial judge. Any problems that the appellant now faces are, in effect, of his own making.

[3] The appeal is therefore dismissed. Costs are fixed in the total amount of $5,000 including GST and disbursements.

“W. Winkler C.J.O.”

“Robert Sharpe J.A.”

“Armstrong J.A.”