COURT OF APPEAL FOR ONTARIO
2016 ONCA 180
DATE: 20160301
DOCKET: C60999
Juriansz, Epstein and Pepall JJ.A.
BETWEEN
Coleen Pollari
Plaintiff (Appellant)
and
Scotia Bank Theatre Toronto, Famous Players Limited Partnership, Festival Hall Developments Limited and Viacom Canada Inc.
Defendants
and
ThyssenKrupp Elevator
Third Party (Respondent)
William G. Scott, for the appellant
Kara L. Denny, for the respondent
Heard: February 29, 2016
On appeal from the order of Justice Ivan S. Bloom of the Superior Court of Justice, dated August 14, 2015.
APPEAL BOOK ENDORSEMENT
[1] The appellant has failed to advance evidence to rebut the presumption under s. 5(2) and to overcome the requirements of s. 5(1)(b) of the Limitations Act. This is sufficient to dispose of the appeal, which is dismissed.
[2] Costs in favour of the respondent are fixed in the amount of $7,500 all inclusive.