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[Back] DECISION DIGEST  
Record no. 2197
Case name: Morasiewicz v. Niagara (Regional Municipality)
Date: 2016-06-29
Jurisdiction: Canada - Ontario
Court: Superior Court of Justice
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Order no.: [Subscribers only]
Parties: Name   Appearing as
  Morasiewicz, Kathleen Georgina   Claimant
  Niagara (Regional Municipality)   Respondent
Decision makers: Name Designation
Broad, David A. J.
Lawyers: Name   Appearing for
  Gosnell, Sean Lawrence   Claimant
  DeMelo, Paul M.   Respondent
Experts:  
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Decision: Application by the Claimant for an assessment of costs payable by the Respondent expropriating authority following an award of compensation by the Ontario Municipal Board acting pursuant to the Expropriations Act, R.S.O. 1990, c. E.26. The Board had directed that costs be assessed by an Assessment Officer of the Ontario Superior Court of Justice. When an Assessment Officer was not available a Superior Court justice was appointed to hear the application. When the application came on for hearing the court held that a Superior Court justice did not have jurisdiction to hear the matter and it declined to make any determination of entitlement or quantum of costs.
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Case references: [Subscribers only]
ExLaw citation: [2016] EXLAW 19
Neutral citation: 2016 ONSC 4315
Parallel citations: (2016) 268 ACWS (3d) 101
  (2016) 2 LCR (2d) 308
  [2016] OJ No. 3488
Related decisions:      
  Earlier
  [2009] EXLAW 28 Ont. M.B. 2009-09-02
  [2010] EXLAW 35 Ont. M.B. 2010-02-26
  [2010] EXLAW 34 Ont. M.B. 2010-10-22
  [2014] EXLAW 38 Ont. M.B. 2014-01-22
  Later
 
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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