A. Mantella & Sons Limited v. Ontario Realty Corporation
The motion judge's decision contained no error on the points argued on appeal; accordingly the appeal is dismissed and the respondents are entitled to costs in the amounts fixed by the court.
Source-derived case information.
- Citation
- 2009 ONCA 115
- Parties
- Appellant: A. Mantella & Sons Limited; Respondent: Ontario Realty Corporation; Respondent: City of Mississauga; Respondent: Dixie Ford Sales Ltd.; Respondent: Tony Miele
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 6 February 2009
- Procedural Posture
- Civil / Appeal to the Court of Appeal for Ontario From an Order of the Superior Court of Justice (patillo J.) Dated May 23, 2008
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Dismissal, Costs Award, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A. Mantella & Sons Limited
Appellant
Ontario Realty Corporation
Respondent
City of Mississauga
Respondent
Dixie Ford Sales Ltd.
Respondent
Tony Miele
Respondent
Procedural Posture
Civil / Appeal to the Court of Appeal for Ontario From an Order of the Superior Court of Justice (patillo J.) Dated May 23, 2008
Legal Issues
- 1 Whether the motion judge erred on the points argued on appeal
- 2 Whether the respondents were entitled to costs and the appropriate quantum of costs
Ratio Decidendi
The motion judge's decision contained no error on the points argued on appeal; accordingly the appeal is dismissed and the respondents are entitled to costs in the amounts fixed by the court.
Court Disposition
Appeal dismissed
Orders
- City of Mississauga awarded costs of $2,500 inclusive of disbursements and GST
- Dixie Ford Sales Ltd. awarded costs of $2,500 inclusive of disbursements and GST
Full Case Text
Judgment text and source record
1 paragraphs
A. Mantella & Sons Limited v. Ontario Realty Corporation Collection Decisions of the Court of Appeal Date 2009-02-06 Neutral citation 2009 ONCA 115 Docket numbers C49000 Judges Laskin, John Ivan; Feldman, Kathryn N.; Cronk, Eleanore Ann Subject Civil Decision Content CITATION:A. Mantella & Sons Limited v. Ontario Realty Corporation, 2009 ONCA 115 DATE: 20090205 DOCKET: C49000 COURT OF APPEAL FOR ONTARIO Laskin, Feldman and Cronk JJ.A. BETWEEN A. Mantella & Sons Limited Plaintiff (Appellant) and Ontario Realty Corporation, City of Mississauga and Dixie Ford Sales Ltd. Defendants (Respondents) Daniel F. Chitiz and Tamara Ramsey, for the appellant Stephen R. Morrison and Cara L. Shamess, for the respondent, Ontario Realty Corporation Michal E. Minkowski, for the respondent, City of Mississauga Sean L. Gosnell, for the respondent, Dixie Ford Sales Ltd. Robert J. Howe and Ava Kanner, for the respondent, Tony Miele Heard: February 4, 2009 On appeal from the order of Justice Laurence Arthur Patillo of the Superior Court of Justice dated May 23, 2008. APPEAL BOOK ENDORSEMENT [1] The motion judge gave careful and thorough reasons. We see no error in his decision on either of the points argued on the appeal. [2] Accordingly, the appeal is dismissed. The respondents are entitled to their costs, which we fix as follows (inclusive of disbursements and GST): · City of Mississauga - $2,500; · Dixie Ford Sales Ltd. - $2,500; · Ontario Realty Corporation - $10,000; and · Tony Miele - $8,000.