Court of Appeal for Ontario

Date: 2025-04-30
Docket: COA-24-CV-0137

Before: C.W. Hourigan, L. Madsen, R. Pomerance

Between

The Corporation of the Township of Adelaide Metcalfe
Applicant (Appellant)

and

The Corporation of the Municipality of Strathroy-Caradoc
Respondent (Respondent)

Counsel:

• Paula Lombardi and Michael Polvere, for the appellant
• Carolyn Brandow and John Petrella, for the respondent
• Kathleen Coulter and Brennyn Watterton, for the Ontario Land Tribunal

Heard: October 21, 2024

On appeal from the judgment of the Divisional Court (Justices John S. Fregeau, Michael N. Varpio and Sandra Nishikawa), dated June 14, 2023.

Costs Endorsement

[1] We have reviewed the written submissions of the parties on costs.

[2] There shall be no costs of this appeal, given that the issue which determined the appeal was not raised before the Divisional Court.

[3] Costs ordered by the Divisional Court are set aside.

“C.W. Hourigan J.A.”
“L. Madsen J.A.”
“R. Pomerance J.A.”