Sapone v. Clarington (Municipality)
The appeal is dismissed because the order of Backhouse J. superseded the order of Lane J., that superseding order was not appealed, and it did not eliminate the appellants' bad faith or punitive damages claims, rendering the present appeal without substance.
Source-derived case information.
- Citation
- C39089
- Parties
- Appellant: Umberto Sapone; Appellant: Joan Sapone; Respondent: The Corporation of the Municipality of Clarington; Respondent: Eridanus Industries Inc.; Respondent: Wayne Earnest Conrad
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 1 May 2003
- Procedural Posture
- Civil Appeal / Court of Appeal Decision on Appeal From Superior Court
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal, Bad Faith, Punitive Damages, Costs, Procedural Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Umberto Sapone
Appellant
Joan Sapone
Appellant
The Corporation of the Municipality of Clarington
Respondent
Eridanus Industries Inc.
Respondent
Wayne Earnest Conrad
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Decision on Appeal From Superior Court
Legal Issues
- 1 Whether the appeal had any substance
- 2 Whether the order of Backhouse J. superseded the order of Lane J.
- 3 Whether the bad faith and punitive damage claims were extinguished by subsequent orders
Ratio Decidendi
The appeal is dismissed because the order of Backhouse J. superseded the order of Lane J., that superseding order was not appealed, and it did not eliminate the appellants' bad faith or punitive damages claims, rendering the present appeal without substance.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to the respondent in the amount of $3,000
Full Case Text
Judgment text and source record
1 paragraphs
Sapone v. Clarington (Municipality) Collection Decisions of the Court of Appeal Date 2003-05-01 Docket numbers C39089 Judges Carthy, James Joseph; Rosenberg, Marc; Cronk, Eleanore Ann Subject Civil Decision Content DATE: 20030501 DOCKET: C39089 COURT OF APPEAL FOR ONTARIO RE: UMBERTO SAPONE JOAN SAPONE (Plaintiffs (Appellants)) and THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ERIDANUS INDUSTRIES INC. WAYNE EARNEST CONRAD (Defendants (Respondents)) BEFORE: CARTHY, ROSENBERG AND CRONK JJ.A. COUNSEL: Umberto Sapone for the appellants David Taub for the respondent Municipality of Clarington HEARD: May 1, 2003 On appeal from the order of Justice Dennis G. Lane of the Superior Court of Justice dated December 18, 2001. APPEAL BOOK ENDORSEMENT [1] We see no substance to this appeal. The order of Backhouse J. supersedes the order of Lane J. and was not appealed. The order of Backhouse J. does not eliminate the bad faith claim or the punitive damage claim. [2] Appeal dismissed, costs to the respondent in the amount of $3,000.