Archdekin v. 2116548 Ontario Incorporated, 2011 ONCA 68

CITATION: Archdekin v. 2116548 Ontario Incorporated, 2011 ONCA 68

DATE: 20110124

DOCKET: C52403

COURT OF APPEAL FOR ONTARIO

O’Connor A.C.J.O., MacPherson and Blair JJ.A.

BETWEEN

Richard James Archdekin and Nancy Louise Archdekin

Applicants (Appellants in Appeal)

and

2116548 Ontario Incorporated and the Corporation of the Town of Wasaga Beach

Respondents (Respondents in Appeal)

Tom Halinski, for the appellants

Eric O. Gionet and Michael D. Stahr, for the respondents

Heard: January 24, 2011

On appeal from the judgment of Justice Eberhard of the Superior Court of Justice dated June 18, 2010.

APPEAL BOOK ENDORSEMENT

[1] The trial judge’s findings on the issues of dedication and acceptance were supported by the evidence and are entitled to deference in this court.

[2] We see no error in the manner the trial judge applied the law to these findings of fact.

[3] The appeal is, therefore, dismissed.

[4] The appellants shall pay the respondents’ costs fixed in the amount of $3,000 each, inclusive of disbursements and all applicable taxes.