Camilli v. Laboureres' Union Non-Profit Building Society
The appeal is dismissed because there was a mistake and the plaintiff knew or ought to have known of that mistake, warranting dismissal and fixed costs awards.
Source-derived case information.
- Citation
- C42784
- Parties
- Plaintiff/appellant: Nancy Camilli; Defendant: Labourers' Union Non-Profit Building Society; Third Party (respondent): Coulson Contracting Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 6 June 2005
- Procedural Posture
- Civil / Appeal to Court of Appeal From Superior Court (appeal Disposed)
- Outcome
- Appeal dismissed
- Legal Topics
- Mistake, Costs Award, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Camilli
Plaintiff/appellant
Labourers' Union Non-Profit Building Society
Defendant
Coulson Contracting Inc.
Third Party (respondent)
Procedural Posture
Civil / Appeal to Court of Appeal From Superior Court (appeal Disposed)
Legal Issues
- 1 Whether there was a mistake in the underlying order or judgment
- 2 Whether the plaintiff knew or ought to have known of the mistake
- 3 Whether the appeal should be dismissed and costs awarded
Ratio Decidendi
The appeal is dismissed because there was a mistake and the plaintiff knew or ought to have known of that mistake, warranting dismissal and fixed costs awards.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Costs to defendant fixed at $1,500 inclusive of G.S.T. and disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
Camilli v. Laboureres' Union Non-Profit Building Society Collection Decisions of the Court of Appeal Date 2005-06-06 Docket numbers C42784 Judges Rosenberg, Marc; Simmons, Janet M.; Gillese, Eileen E. Subject Civil Decision Content DATE: 20050606 DOCKET: C42784 COURT OF APPEAL FOR ONTARIO RE: NANCY CAMILLI (Plaintiff (Appellant)) – and – LABOURERS’ UNION NON-PROFIT BUILDING SOCIETY (Defendant) – and COULSON CONTRACTING INC. (Third Party (Respondent)) BEFORE: ROSENBERG, SIMMONS and GILLESE JJ.A. COUNSEL: Stephen A. Young for the appellant Andrew E. Evangelista Labourers’ Union Non-Profit Building Society Janet E. Gross for the third party, Coulson Contracting Inc. HEARD & ENDORSED: June 2, 2005 On appeal from the order of Justice James M. Farley of the Superior Court of Justice dated December 2, 2004. APPEAL BOOK ENDORSEMENT [1] We agree with Farley J. There was a mistake and the plaintiff knew or ought to have known that there was a mistake. [2] The appeal is dismissed with costs to defendant fixed in the amount of $1,500 and to the third party fixed in the amount of $6,509.73, all inclusive of G.S.T. and disbursements.