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.