Court File and Parties

CITATION: 1182929 Ontario Inc. v. Toronto, 2022 ONSC 4767

DIVISIONAL COURT FILE NOS.: 167/22

DATE: 20220818

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: 1182929 ONTARIO INC. and MAY FLOWER LANDSCAPE DESIGN LTD., Moving Parties

AND:

CITY OF TORONTO, Responding Parties

BEFORE: D.L. Corbett J.

COUNSEL: Mark P. Kemerer, for the Moving Parties

John R. Hart, for the Responding Party

HEARD: by videoconference, August 17, 2022

DECISION[^1]

[1] The motion for leave to appeal from the decision of the Ontario Land Tribunal dated February 25, 2022 (unreported, OLT File no. PL140860) is dismissed, with costs to the responding party fixed at $5,000, payable within thirty days.

[2] I dismiss without costs the motion to strike as moot on the basis that, assuming, without finding, that the so-called “fresh evidence” should be admitted on the leave motion, I would not grant leave to appeal.

D.L. Corbett J.

Oral Decision Released: August 17, 2022

Written Decision Released: August 18, 2022

[^1]: The leave decision was provided to the parties orally at the conclusion of the hearing, with costs to be decided in this written decision.