Bedford Furniture Industries Inc. v. North York (City)
The Court upheld the trial judge's factual findings and concluded the appellant failed to establish causation; accordingly the appeal was dismissed.
Source-derived case information.
- Citation
- C39219
- Parties
- Appellant: Bedford Furniture Industries Inc.; Respondent: The Corporation of the City of North York
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 4 June 2004
- Procedural Posture
- Civil / Appeal to Court of Appeal From Superior Court of Justice Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Causation, Appeal, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bedford Furniture Industries Inc.
Appellant
The Corporation of the City of North York
Respondent
Procedural Posture
Civil / Appeal to Court of Appeal From Superior Court of Justice Judgment
Legal Issues
- 1 Whether the appellant established the element of causation necessary to support its claim
- 2 Whether the trial judge's findings of fact should be disturbed on appeal
Ratio Decidendi
The Court upheld the trial judge's factual findings and concluded the appellant failed to establish causation; accordingly the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Costs to the respondent fixed at $4,090.68 inclusive of GST and disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
Bedford Furniture Industries Inc. v. North York (City) Collection Decisions of the Court of Appeal Date 2004-06-04 Docket numbers C39219 Judges Moldaver, Michael James; Gillese, Eileen E.; Blair, Robert Ashley Subject Civil Decision Content DATE: 20040604 DOCKET: C39219 COURT OF APPEAL FOR ONTARIO RE: BEDFORD FURNITURE INDUSTRIES INC. (Appellant) - and - THE CORPORATION OF THE CITY OF NORTH YORK (Defendant (Respondent)) BEFORE: MOLDAVER, GILLESE and BLAIR JJ.A. COUNSEL: Bram M. Zinman for the appellant Avril Allen for the respondent HEARD & ENDORSED: June 3, 2004 On appeal from the judgment of Justice Donald Cameron of the Superior Court of Justice dated October 30, 2002. APPEAL BOOK ENDORSEMENT [1] We see no basis for interfering with the findings of fact made by the trial judge. In light of those findings, we are satisfied that the trial judge was correct in concluding that in each instance, the appellant failed to establish the element of causation necessary to support its claim. Accordingly, the appeal is dismissed. [2] Costs to the respondent fixed at $4,090.68 inclusive of GST and disbursements.