Toronto Transit Commission v. Ontario (Finance)
The Court dismissed the appeal because the trial judge's reasons were careful and thorough and showed no error justifying interference; leave to appeal the costs decision was refused on the record; costs were awarded to the respondent in the agreed amount of $25,000 inclusive of GST and disbursements.
Source-derived case information.
- Citation
- 2009 ONCA 658
- Parties
- Respondent: Toronto Transit Commission; Appellant: The Minister of Finance
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 16 September 2009
- Procedural Posture
- Civil / Appeal
- Outcome
- Appeal dismissed; leave to appeal costs denied
- Legal Topics
- Appeal, Leave to Appeal Costs, Judicial Deference, Costs Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Toronto Transit Commission
Respondent
The Minister of Finance
Appellant
Procedural Posture
Civil / Appeal
Legal Issues
- 1 Whether the trial judge made errors of law or fact warranting appellate interference
- 2 Whether leave to appeal the costs decision should be granted
- 3 Whether the costs order of $25,000 inclusive was appropriate
Ratio Decidendi
The Court dismissed the appeal because the trial judge's reasons were careful and thorough and showed no error justifying interference; leave to appeal the costs decision was refused on the record; costs were awarded to the respondent in the agreed amount of $25,000 inclusive of GST and disbursements.
Court Disposition
Appeal dismissed; leave to appeal costs denied
Orders
- Appeal dismissed.
- Leave to appeal costs denied.
Full Case Text
Judgment text and source record
1 paragraphs
Toronto Transit Commission v. Ontario (Finance) Collection Decisions of the Court of Appeal Date 2009-09-16 Neutral citation 2009 ONCA 658 Docket numbers C49931 Judges Winkler, Warren Keith; Sharpe, Robert J.; Armstrong, Robert Patrick Subject Civil Decision Content CITATION: Toronto Transit Commission v. Ontario (Finance), 2009 ONCA 658 20090916 DOCKET: C49931 COURT OF APPEAL FOR ONTARIO Winkler C.J.O., Sharpe & Armstrong J.J.A. BETWEEN: Toronto Transit Commission Respondent and The Minister of Finance Appellant Lori E.J. Patyk and Walter Kim, for the Appellant Robert Couzin and Michele Anderson, for the Respondent Heard: September 9, 2009 On appeal from the judgment of the Honourable Mr. Justice Strathy of the Superior court of Justice dated December 19, 2008 APPEAL BOOK ENDORSEMENT [1] In our view, all points raised by the appellant are entirely answered by the careful and thorough reasons of the trial judge. We see no error and hence no reason for interfering in the decision below. [2] The appeal is dismissed. [3] As for the appeal on costs, the appellant requires leave to appeal. On the record before the court there is no basis upon which such leave could be granted. [4] Costs to the respondent agreed in the amount of $25,000 inclusive of GST and disbursements.