Paul Neil Feldman

The appellant appealed the dismissal of its action against the City of Toronto for breach of contract and other claims arising from a public tender process.

The trial judge dismissed the action primarily because it was barred by the six-year limitation period under the Limitation Act, finding the appellant knew or ought to have known the material facts by September 1990 but did not commence the action until February 1997.

The Court of Appeal agreed with the trial judge's limitation period analysis and found no palpable and overriding error in her alternative findings dismissing the substantive claims.

The appeal was dismissed with costs.

The appellant, a non-profit housing co-operative, appealed a decision dismissing its application to terminate the respondent's membership and occupancy rights.

The respondent was overhoused in a two-bedroom unit and had refused three offers to relocate to a one-bedroom unit.

The Divisional Court allowed the appeal, finding that the co-operative had complied with its by-laws and the Co-operative Corporations Act in terminating the membership of the respondent's former roommate and in requiring the respondent to downsize.

The court issued a declaration terminating the respondent's rights and granted a writ of possession.