Court File and Parties

CITATION: 1001411 Ontario Limited (Cinespace Studios Management) v. City of Toronto Economic Development Corporation, 2010 ONCA 410

DATE: 20100607

DOCKET: C51191

COURT OF APPEAL FOR ONTARIO

MacPherson, Simmons and Epstein JJ.A.

BETWEEN

1001411 Ontario Limited c.o.b. as Cinespace Studios Management

Plaintiff (Appellant)

and

City of Toronto Economic Development Corporation

Defendant (Respondent)

Michael Shell and Patrick Greco, for the Appellant

Irving Marks and Dominique Michaud, for the Respondent

Heard: June 4, 2010

On appeal from the Order of Justice Edward P. Belobaba of the Superior Court of Justice, dated September 25, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals from the judgment of Belobaba J. dated September 25, 2009.

[2] We agree with Belobaba J. that the cause of action relating to breach of a duty of good faith, as pleaded, did not disclose a cause of action. We note that Belobaba J. gave the appellant leave to amend its pleadings.

[3] The appeal is dismissed. Costs to the respondent fixed at $7,500 inclusive of disbursements and GST.