Roberto Emanuele Zuech

The appellant, Don Mills Residents Inc., appealed a Superior Court decision that dismissed its application seeking a declaration and injunction to compel the City of Toronto and C/F Realty Holding Ltd. to construct a community centre as per minutes of settlement.

The application judge found the minutes were not a binding contract and specific performance was inappropriate.

The Court of Appeal upheld the lower court's decision, finding that the minutes of settlement, in the context of land-use planning, were not a binding contract but rather a planning instrument under the Planning Act, revisable in the public interest.

The court also found no legal obligation on the City to build the centre, as that obligation rested with C/F Realty Holding Ltd.

The plaintiff's statement of claim was reviewed by the court under Rule 2.1 of the Rules of Civil Procedure for being frivolous and vexatious.

Despite the plaintiff's submissions, the court found the claim incomprehensible, failing to comply with Rule 25.06 by not concisely stating material facts or the basis for relief.

Consequently, the claim was dismissed, with no order as to costs.