Adelaide Metcalfe (Township) v. Strathroy-Caradoc (Municipality)
No costs of the appeal were awarded because the issue that determined the appeal was not raised before the Divisional Court; accordingly the costs ordered by the Divisional Court were set aside.
Source-derived case information.
- Citation
- 2025 ONCA 342
- Parties
- Appellant: The Corporation of the Township of Adelaide Metcalfe; Respondent: The Corporation of the Municipality of Strathroy-Caradoc; Intervener: Ontario Land Tribunal
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 30 April 2025
- Procedural Posture
- Civil Appeal / Court of Appeal Decision on Costs on Appeal From Divisional Court
- Outcome
- No costs of this appeal; costs ordered by the Divisional Court are set aside.
- Legal Topics
- Costs, Appeal, Intervention, Raising Issues Below
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Corporation of the Township of Adelaide Metcalfe
Appellant
The Corporation of the Municipality of Strathroy-Caradoc
Respondent
Ontario Land Tribunal
Intervener
Procedural Posture
Civil Appeal / Court of Appeal Decision on Costs on Appeal From Divisional Court
Legal Issues
- 1 Whether the Court of Appeal should award costs of the appeal where the issue that determined the appeal was not raised before the Divisional Court
- 2 Whether the Divisional Court’s costs order should be set aside on appeal
- 3 Appropriate exercise of appellate discretion on costs
Ratio Decidendi
No costs of the appeal were awarded because the issue that determined the appeal was not raised before the Divisional Court; accordingly the costs ordered by the Divisional Court were set aside.
Court Disposition
No costs of this appeal; costs ordered by the Divisional Court are set aside.
Orders
- No costs of this appeal
- Costs ordered by the Divisional Court are set aside
Full Case Text
Judgment text and source record
1 paragraphs
Adelaide Metcalfe (Township) v. Strathroy-Caradoc (Municipality) Collection Decisions of the Court of Appeal Date 2025-04-30 Neutral citation 2025 ONCA 342 Docket numbers COA-24-CV-0137 Judges Hourigan, C. William; Madsen, Lene; Pomerance, Renee M. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Adelaide Metcalfe (Township) v. Strathroy-Caradoc (Municipality), 2025 ONCA 342 DATE: 20250430 DOCKET: COA-24-CV-0137 Hourigan, Madsen and Pomerance JJ.A. BETWEEN The Corporation of the Township of Adelaide Metcalfe Applicant (Appellant) and The Corporation of the Municipality of Strathroy-Caradoc Respondent (Respondent) Paula Lombardi and Michael Polvere, for the appellant Carolyn Brandow and John Petrella, for the respondent Kathleen Coulter and Brennyn Watterton, for the Ontario Land Tribunal Heard: October 21, 2024 On appeal from the judgment of the Divisional Court (Justices John S. Fregeau, Michael N. Varpio and Sandra Nishikawa), dated June 14, 2023. COSTS ENDORSEMENT [1] We have reviewed the written submissions of the parties on costs. [2] There shall be no costs of this appeal, given that the issue which determined the appeal was not raised before the Divisional Court. [3] Costs ordered by the Divisional Court are set aside. “C.W. Hourigan J.A.” “L. Madsen J.A.” “R. Pomerance J.A.”