Foster v. Metro Hall
The appeal is dismissed because the Court found no error in the final order: the Application was properly dismissed and the order expressly preserved the appellant's right to bring a subsequent action; consequently no costs were awarded.
Source-derived case information.
- Citation
- 2014 ONCA 191
- Parties
- Appellant: Lori Lee Foster; Respondent: Metro Hall (City of Toronto)
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 February 2014
- Procedural Posture
- Civil Appeal / Court of Appeal Final Decision on Appeal From Superior Court of Justice
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Dismissed, Dismissal Without Prejudice, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lori Lee Foster
Appellant
Metro Hall (City of Toronto)
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Final Decision on Appeal From Superior Court of Justice
Legal Issues
- 1 Whether the Court of Appeal should overturn the Superior Court order dismissing the application
- 2 Whether the final order properly provided dismissal without prejudice to the appellant's right to bring a subsequent action
- 3 Whether costs should be awarded
Ratio Decidendi
The appeal is dismissed because the Court found no error in the final order: the Application was properly dismissed and the order expressly preserved the appellant's right to bring a subsequent action; consequently no costs were awarded.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Final order provides dismissal without prejudice to the appellant's right to bring an action
Full Case Text
Judgment text and source record
1 paragraphs
Foster v. Metro Hall Collection Decisions of the Court of Appeal Date 2014-02-28 Neutral citation 2014 ONCA 191 Docket numbers C57438 Judges MacFarland, Jean Louise; Lauwers, Peter D.; Strathy, George R. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Foster v. Metro Hall, 2014 ONCA 191 DATE: 20140311 DOCKET: C57438 MacFarland, Lauwers and Strathy JJ.A. BETWEEN Lori Lee Foster Appellant and Metro Hall (Shelter, Support and Housing Administration properly named City of Toronto) Respondent Lori Lee Foster, acting in person Michele Brady, for the respondent Heard: March 5, 2014 On appeal from the order of Justice Spence of the Superior Court of Justice, dated November 16, 2012. APPEAL BOOK ENDORSEMENT [1] The appeal is dismissed. The final order as signed and entered does provide that the Application is dismissed without prejudice to Mrs. Foster’s right to bring an action should she be so advised. [2] We see no error. No costs.