Craft Kingsmen Rail Corp. v. Municipal Property Assessment Corporation
The Court agreed with the Divisional Court's reasoning and conclusions, found no error warranting intervention, and dismissed the appeal; the respondents were entitled to agreed all-inclusive costs of $35,000 payable by the appellant and to be divided between the respondents as agreed.
Source-derived case information.
- Citation
- 2024 ONCA 539
- Parties
- Appellant: Craft Kingsmen Rail Corp.; Respondent: Municipal Property Assessment Corporation; Respondent: City of Toronto
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 4 July 2024
- Procedural Posture
- Civil Appeal / Court of Appeal Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal, Costs, Property Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Craft Kingsmen Rail Corp.
Appellant
Municipal Property Assessment Corporation
Respondent
City of Toronto
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Decision
Legal Issues
- 1 Whether the Divisional Court erred in allowing the appeals from the Superior Court of Justice
- 2 Whether the respondents were entitled to costs and the appropriate amount and allocation
Ratio Decidendi
The Court agreed with the Divisional Court's reasoning and conclusions, found no error warranting intervention, and dismissed the appeal; the respondents were entitled to agreed all-inclusive costs of $35,000 payable by the appellant and to be divided between the respondents as agreed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed; respondents awarded all-inclusive costs of $35,000 in total, to be divided between them as agreed, payable by the appellant for the proceedings in the Superior Court of Justice, the Divisional Court and the Court of Appeal, including the motion for leave to appeal.
Full Case Text
Judgment text and source record
1 paragraphs
Craft Kingsmen Rail Corp. v. Municipal Property Assessment Corporation Collection Decisions of the Court of Appeal Date 2024-07-04 Neutral citation 2024 ONCA 539 Docket numbers COA-23-CV-1226 Judges Roberts, Lois B.; Zarnett, Benjamin; Favreau, Lise G. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Craft Kingsmen Rail Corp. v. Municipal Property Assessment Corporation, 2024 ONCA 539 DATE: 20240704 DOCKET: COA-23-CV-1226 Roberts, Zarnett and Favreau JJ.A. BETWEEN Craft Kingsmen Rail Corp. Applicant/Respondent (Appellant) and Municipal Property Assessment Corporation and City of Toronto Respondents/Appellants (Respondents) Stephen Longo and Jamie Walker, for the appellant Melissa VanBerkum, for the respondent, Municipal Property Assessment Corporation Christopher Henderson and Meghan Faught, for the respondent, City of Toronto Heard and released orally: July 3, 2024 On appeal from the order of the Divisional Court (Justices Elizabeth M. Stewart, Benjamin T. Glustein and Robert Charney), dated January 11, 2023, with reasons reported at 2023 ONSC 292, 165 O.R. (3d) 561, allowing the appeals from the order of Justice Frederick L. Myers of the Superior Court of Justice, dated April 11, 2022, with reasons reported at 2022 ONSC 2222. REASONS FOR DECISION [1] We see no error in the Divisional Court’s reasoning or conclusions, with which we agree. For the reasons of the Divisional Court, the appeal is dismissed. [2] The parties have agreed that the respondents are entitled to all-inclusive costs of $35,000 in total, to be divided between them as agreed, and payable by the appellant for the proceedings in the Superior Court of Justice, the Divisional Court and this court, including the motion for leave to appeal. “L.B. Roberts J.A.” “B. Zarnett J.A.” “L. Favreau J.A.”