Court of Appeal for Ontario

CITATION: Gallos v. Toronto (City), 2013 ONCA 553

DATE: 20130912

DOCKET: C49733

BEFORE: Feldman, Juriansz and MacFarland JJ.A.

BETWEEN

William Gallos

Appellant

and

City of Toronto

Respondent

ENDORSEMENT

[1] On November 30, 2009, this court dismissed the appellant’s appeal from the decision of Trotter J. dated November 14, 2008. On June 13, 2013, the appellant filed application material seeking to re-open the decision on the appeal and to file fresh evidence. The evidence proposed to be filed does not meet the test for the admission of fresh evidence on an appeal, nor the criteria for reopening a decision of this court under rule 59.06 of the Rules of Civil Procedure. The application is dismissed.

“K. Feldman J.A.”

“R. Juriansz J.A.”

“J. MacFarland J.A.”