Parc Downsview Park Inc. v. Penguin Properties Inc.

CITATION: Parc Downsview Park Inc. v. Penguin Properties Inc., 2017 ONSC 4533

COURT FILE NO.: CV-16-566639

DATE: 20170728

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

PARC DOWNSVIEW PARK INC.

Applicant

– and –

PENGUIN PROPERTIES INC.

Respondent

Jonathan C. Lisus, Zain Naqi, for the Applicant

Anne Posno, Robert Trenker, for the Respondent

HEARD: June 12, 2017

LEDERER J.

INTRODUCTION

[1] This is an application. The purpose is to resolve, in an expedited fashion, the differences between the parties. The applicant Parc Downsview Park Inc. is a Crown corporation that is responsible for managing and developing the former Canadian Air Forces base commonly identified as "Downsview", located in the City of Toronto. Parc Downsview Park Inc. is a subsidiary of Canada Lands Company Limited ("Canada Lands"). The mandate of Canada Lands is to acquire real estate from federal departments and to dispose of, operate or develop these assets in "a commercially sensible manner".[^1] Canada Lands operates at arms