Court of Appeal for Ontario

CITATION: Clitheroe v. Hydro One Inc., 2010 ONCA 458

DATE: 20100615

DOCKET: C50727

BEFORE: Doherty, Cronk and Watt JJ.A.

BETWEEN

Eleanor R. Clitheroe

Appellant (Applicant)

and

Hydro One Inc.

Respondent (Respondent)

COUNSEL:

Alan J. Lenczner, Q.C., for the appellant (applicant)

Benjamin Zarnett and Peter Kolla, for the respondent

Robin Basu and Robert Donato, for the intervenor, Ministry of the Attorney General of Ontario

Heard: June 15, 2010

On appeal from the judgment of Justice Mesbur of the Superior Court of Justice dated June 26, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant renews the two arguments made at trial. We agree with the trial judge’s reasons and conclusion. The appeal is, therefore, dismissed. Costs to the respondent, Hydro One Inc., in the amount of $10,000 as agreed. No costs for or against the intervenor, Ministry of the Attorney General of Ontario.