Belluz v. 779457 Ontario Limited

Belluz v. 779457 Ontario Limited

The appeal was dismissed because the Court of Appeal found no error in principle in the motions judge's decision; costs were fixed at $3,500 plus GST.

Citation
C40950
Parties
Plaintiff/respondent: Jo-Anne Belluz; Defendant/appellant: 779457 Ontario Limited; Defendant/appellant: Roman Bartkiw and Frank Vandervelde carrying on business as Van Castle Homes; Defendant/appellant: Soil-Mate Engineers and Consultants Ltd.; Defendant/appellant: John Monkman; Defendant/appellant: Jim Attice Co. Ltd.; Defendant/appellant: Jim's Cement; Defendant/appellant: The Corporation of the Town of Dundas
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 June 2004
Procedural Posture
Collection / Appeal From Motions Judge Order
Outcome
Appeal dismissed
Legal Topics
Costs, Motions, Standard of Review
Source Language
English
Civil Collection Appeal Civil Procedure Costs Motions Standard of Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jo-Anne Belluz

Plaintiff/respondent

779457 Ontario Limited

Defendant/appellant

Roman Bartkiw and Frank Vandervelde carrying on business as Van Castle Homes

Defendant/appellant

Soil-Mate Engineers and Consultants Ltd.

Defendant/appellant

John Monkman

Defendant/appellant

Jim Attice Co. Ltd.

Defendant/appellant

Jim's Cement

Defendant/appellant

The Corporation of the Town of Dundas

Defendant/appellant

Procedural Posture

Collection / Appeal From Motions Judge Order

Legal Issues

  1. 1 Whether the motions judge erred in principle in making the order under appeal
  2. 2 What costs are appropriate following dismissal of the appeal

Ratio Decidendi

The appeal was dismissed because the Court of Appeal found no error in principle in the motions judge's decision; costs were fixed at $3,500 plus GST.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs fixed in the amount of $3,500.00 plus GST