Oro-Medonte (Township) v. Drohibycky, et al.
The appeal was allowed on consent in accordance with minutes of settlement filed with the court; by allowing the appeal on consent the Court did not decide or express any view on the merits of the decision of O'Connell J.
Source-derived case information.
- Citation
- C41318
- Parties
- Appellant: The Corporation of the Township of Oro‑Medonte; Appellant: Harry Evans; Appellant: Shirley Evans; Appellant: Howard Leake; Appellant: Pauline Leake; Appellant: Kris Menzies; Appellant: Peter Mepham; Appellant: Linda Mepham; Appellant: Luigi De Francesco; Appellant: Chris Chapman; Appellant: Doug Campbell; Appellant: Kim Campbell; Appellant: James C. Mepham; Appellant: 622173 Ontario Limited; Appellant: Jack McKeown; Appellant: Yvonne McKeown; Appellant: Mike Dahonick; Appellant: Rita Dahonick; Respondent: Nadia Drohibycky
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 February 2005
- Procedural Posture
- Civil Appeal From Superior Court of Justice / Appeal Heard by Court of Appeal; Minutes of Settlement Filed; Appeal Allowed on Consent
- Outcome
- Appeal allowed on consent pursuant to minutes of settlement.
- Legal Topics
- Appeal Allowed on Consent, Minutes of Settlement, Settlement Disposal of Appeal, No Adjudication on Merits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Corporation of the Township of Oro‑Medonte
Appellant
Harry Evans
Appellant
Shirley Evans
Appellant
Howard Leake
Appellant
Pauline Leake
Appellant
Kris Menzies
Appellant
Peter Mepham
Appellant
Linda Mepham
Appellant
Luigi De Francesco
Appellant
Chris Chapman
Appellant
Doug Campbell
Appellant
Kim Campbell
Appellant
James C. Mepham
Appellant
622173 Ontario Limited
Appellant
Jack McKeown
Appellant
Yvonne McKeown
Appellant
Mike Dahonick
Appellant
Rita Dahonick
Appellant
Nadia Drohibycky
Respondent
Procedural Posture
Civil Appeal From Superior Court of Justice / Appeal Heard by Court of Appeal; Minutes of Settlement Filed; Appeal Allowed on Consent
Legal Issues
- 1 Whether the appeal should be disposed of by minutes of settlement filed with the court
- 2 Whether the Court should pronounce on the merits when the parties consent to a settlement disposing of the appeal
Ratio Decidendi
The appeal was allowed on consent in accordance with minutes of settlement filed with the court; by allowing the appeal on consent the Court did not decide or express any view on the merits of the decision of O'Connell J.
Court Disposition
Appeal allowed on consent pursuant to minutes of settlement.
Orders
- Minutes of settlement filed with the court; appeal allowed in accordance with those minutes.
- The Court does not express any judgment on the merits of the decision of O'Connell J.
Full Case Text
Judgment text and source record
1 paragraphs
Oro-Medonte (Township) v. Drohibycky, et al. Collection Decisions of the Court of Appeal Date 2005-02-10 Docket numbers C41318 Judges Catzman, Marvin Adrian; Laskin, John Ivan; Armstrong, Robert Patrick Subject Civil Decision Content DATE: 20050210 DOCKET: C41318 COURT OF APPEAL FOR ONTARIO RE: THE CORPORATION OF THE TOWNSHIP OF ORO‑MEDONTE, HARRY EVANS, SHIRLEY EVANS, HOWARD LEAKE, PAULINE LEAKE, KRIS MENZIES, PETER MEPHAM, LINDA MEPHAM, LUIGI DE FRANCESCO, CHRIS CHAPMAN, DOUG CAMPBELL, KIM CAMPBELL, JAMES C. MEPHAM, 622173 ONTARIO LIMITED, JACK McKEOWN, YVONNE McKEOWN, MIKE DAHONICK and RITA DAHONICK (Appellants) -and- NADIA DROHIBYCKY on behalf of herself and all others who have an interest in the property described as Blocks A, B and C and westerly 10 feet throughout of Lot 33, Plan 709, Township of Oro‑Medonte, County of Simcoe (Respondent) DOCKET: C41328 AND RE: NADIA DROHIBYCKY on behalf of herself and all others who have an interest in the property described as Blocks A, B and C and westerly 10 feet throughout of Lot 33, Plan 709, Township of Oro‑Medonte, County of Simcoe (Applicant/Respondent) -and-TOWNSHIP OF ORO‑MEDONTE, HARRY EVANS, SHIRLEY EVANS, HOWARD LEAKE, PAULINE LEAKE, KRIS MENZIES, PETER MEPHAM, LINDA MEPHAM, LUIGI DE FRANCESCO, CHRIS CHAPMAN, DOUG CAMPBELL, KIM CAMPBELL, JAMES C. MEPHAM, 622173 ONTARIO LIMITED, JACK McKEOWN, YVONNE McKEOWN, MIKE DAHONICK and RITA DAHONICK (Respondents/Appellants) BEFORE: CATZMAN, LASKIN and ARMSTRONG JJ.A. COUNSEL: Christopher J. Williams, Eileen Costello and Cleo C. Kirkland for the appellant in C41318/respondent in C41328 The Corporation of the Township of Oro-Medonte Christopher J. Tzekas for the appellants in C41328/respondents in C41318 Evans, Leake, Menzies, Mepham, De Francesco, Chapman, Campbell, 622173 Ontario Limited, McKeown and Dahonick Brian M. Morris and Justin M. Jakubiak for the respondent in C41318/applicant (respondent) in C41328 Nadia Drohibycky HEARD AND ENDORSED: February 10, 2005 On appeal from the judgment of Justice Hugh M. O’Connell of the Superior Court of Justice dated December 31, 2003. APPEAL BOOK ENDORSEMENT [1] Minutes of settlement were filed today with the court. On consent, this appeal is allowed in accordance with those minutes. In allowing the appeal on consent, we are not to be considered to have passed any judgment on the merits of the decision of O’Connell J.