Court Information

Court of Appeal for Ontario

Reference: Nemmour c. Toronto (City), 2017 ONCA 377

Date: 2017-05-09

File No.: C63067

Judges: Rouleau, Pardu and Roberts JJ.A.

Parties

Between

Mohamed Nemmour Appellant

and

City of Toronto, Ed Sparling, Gord Tanner Respondents

Representation

Mohamed Nemmour, in person

Matthew Cornett, for the respondents

Hearing and Decision

Date of Hearing: May 1, 2017

Decision Rendered: Orally at the conclusion of the hearing

Appeal from: The judgment of Justice Andra Pollak of the Superior Court of Justice, dated February 8, 2016

Reasons for Decision

[1] At trial, the judge determined that the site occupied by the appellant is land belonging to the City of Toronto and that the appellant was not authorized to place his property there.

[2] The appellant raises essentially the same arguments before us.

[3] The determination that the site where the appellant's property was located belongs to the City is a question of fact. In our view, the judge committed no palpable and overriding error. The conclusion she drew that the City had the authority to remove and destroy the appellant's property located there is well-founded.

[4] For these reasons, the appeal is dismissed.

[5] There shall be no order for costs.

Paul Rouleau J.C.A.

G. Pardu J.A.

L.B. Roberts J.C.A.