Azar v. Tecumseh (Town)
The Court upheld the trial judge's interpretation that the costs of operation of the pumping station (distinct from care, perpetual maintenance, repair, replacement and decommissioning) are to be borne by the Town, and confined those operation costs to the proportion attributable to water drained from town sewers...
Source-derived case information.
- Citation
- 2015 ONCA 595
- Parties
- Respondent: Tony J. Azar; Respondent: Raymax Construction Ltd.; Appellant: The Corporation of the Town of Tecumseh
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 1 September 2015
- Procedural Posture
- Civil Appeal / Court of Appeal Decision on Appeal From Superior Court
- Outcome
- Appeal dismissed
- Legal Topics
- Contract Interpretation, Development Agreement, Allocation of Operating Costs, Apportionment of Municipal Infrastructure Costs, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tony J. Azar
Respondent
Raymax Construction Ltd.
Respondent
The Corporation of the Town of Tecumseh
Appellant
Procedural Posture
Civil Appeal / Court of Appeal Decision on Appeal From Superior Court
Legal Issues
- 1 Whether the development agreement requires the developer to bear the costs of operation of the pumping station or whether those costs fall to the Town
- 2 Whether the trial judge erred in her interpretation of the development agreement
- 3 Scope of 'operation' costs and whether they include costs attributable to the developer's private lands
Ratio Decidendi
The Court upheld the trial judge's interpretation that the costs of operation of the pumping station (distinct from care, perpetual maintenance, repair, replacement and decommissioning) are to be borne by the Town, and confined those operation costs to the proportion attributable to water drained from town sewers rather than from the developer's private lands.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs fixed at $9,500 inclusive of disbursements and HST
Full Case Text
Judgment text and source record
1 paragraphs
Azar v. Tecumseh (Town) Collection Decisions of the Court of Appeal Date 2015-09-01 Neutral citation 2015 ONCA 595 Docket numbers C60063 Judges Feldman, Kathryn N.; Simmons, Janet M.; Miller, Bradley Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Azar v. Tecumseh (Town), 2015 ONCA 595 DATE: 20150901 DOCKET: C60063 Feldman, Simmons and Miller JJ.A. BETWEEN Tony J. Azar, Raymax Construction Ltd. Respondents (Plaintiffs) and The Corporation of the Town of Tecumseh Appellants (Defendant) Matthew R. Todd, for the appellant Steven Pickard and Anita Landry, for the respondent Heard: August 27, 2015 On appeal from the order of Justice Renee Pomerance of the Superior Court of Justice, dated January 23, 2015. APPEAL BOOK ENDORSEMENT [1] We see no error in the approach to the interpretation of the development agreement or to the interpretation of that agreement by the application judge. We would not interfere with her conclusion that the costs of the operation of the pumping station, as distinct from the costs of care, perpetual maintenance, repair, replacement and decommissioning, are to be borne by the town and not the developer. [2] Counsel for the respondent has clarified that the costs of operation referred to are only the proportion of the costs of operation referable to water drained from town sewers and not referable to the developer’s private lands also serviced by the pumping station. [3] The appeal is therefore dismissed with costs fixed at $9,500, inclusive of disbursements and HST.