1001411 Ontario Limited (Cinespace Studios Management) v. City of Toronto Economic Development Corporation
The Court of Appeal agreed that the pleaded claim for breach of a duty of good faith did not disclose a cause of action and therefore the appeal was dismissed.
Source-derived case information.
- Citation
- 2010 ONCA 410
- Parties
- Appellant: 1001411 Ontario Limited c.o.b. as Cinespace Studios Management; Respondent: City of Toronto Economic Development Corporation
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 June 2010
- Procedural Posture
- Civil / Appeal From Superior Court of Justice (judgment of Belobaba J., Sept 25, 2009)
- Outcome
- Appeal dismissed
- Legal Topics
- Duty of Good Faith, Cause of Action, Amendment of Pleadings, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
1001411 Ontario Limited c.o.b. as Cinespace Studios Management
Appellant
City of Toronto Economic Development Corporation
Respondent
Procedural Posture
Civil / Appeal From Superior Court of Justice (judgment of Belobaba J., Sept 25, 2009)
Legal Issues
- 1 Whether the pleaded breach of a duty of good faith disclosed a cause of action
- 2 Whether leave to amend should affect dismissal on appeal
- 3 Appropriate costs award
Ratio Decidendi
The Court of Appeal agreed that the pleaded claim for breach of a duty of good faith did not disclose a cause of action and therefore the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Costs to the respondent fixed at $7,500 inclusive of disbursements and GST.
Full Case Text
Judgment text and source record
1 paragraphs
1001411 Ontario Limited (Cinespace Studios Management) v. City of Toronto Economic Development Corporation Collection Decisions of the Court of Appeal Date 2010-06-07 Neutral citation 2010 ONCA 410 Docket numbers C51191 Judges MacPherson, James C.; Simmons, Janet M.; Epstein, Gloria Jean Subject Civil Decision Content CITATION: 1001411 Ontario Limited (Cinespace Studios Management) v. City of Toronto Economic Development Corporation, 2010 ONCA 410 DATE: 20100607 DOCKET: C51191 COURT OF APPEAL FOR ONTARIO MacPherson, Simmons and Epstein JJ.A. BETWEEN 1001411 Ontario Limited c.o.b. as Cinespace Studios Management Plaintiff (Appellant) and City of Toronto Economic Development Corporation Defendant (Respondent) Michael Shell and Patrick Greco, for the Appellant Irving Marks and Dominique Michaud, for the Respondent Heard: June 4, 2010 On appeal from the Order of Justice Edward P. Belobaba of the Superior Court of Justice, dated September 25, 2009. APPEAL BOOK ENDORSEMENT [1] The appellant appeals from the judgment of Belobaba J. dated September 25, 2009. [2] We agree with Belobaba J. that the cause of action relating to breach of a duty of good faith, as pleaded, did not disclose a cause of action. We note that Belobaba J. gave the appellant leave to amend its pleadings. [3] The appeal is dismissed. Costs to the respondent fixed at $7,500 inclusive of disbursements and GST.