Lackner v. Hall ONSC 3951

By Scott, J.
Ontario Superior Court
May 11, 2011

BETWEEN:

GARRY LACKNER, LINDA LACKNER, ERIC THOMSON, SUSAN DESJARDINS and PATRICIA TITE  (APPICANTS/PLAINTIFFS)

-and-

SIIANE HALL, 2219160 ONTARIO LIMITED, STANLEY THOMAS WALLACE,WILLIAM ROBERT ENGLAND, ALLAN KEYS, CATHERINE KEYS, WAYNE MORRIS, and  VIKKI STORIE  (RESPONDENTS/DEFENDANTS)

 

ORDER

THIS MOTION  made by the Defendant, Wayne Morris, was heard this day, at the Courthouse, 161 Elgin Street, Ottawa.

UPON HEARING the submissions of the parties and not on consent,

 

1.  THIS COURT ORDERS that the action is dismissed as against the Respondent/Defendant, Wayne Morris;

 

2.  THIS COURT ORDERS that the properties described as:

Lot 37, Plan 418, being Part 1, Plan 4R-23784, Part of Lot 38, Plan 418, being Part 2, Plan 4R-23784 and part of  Lot 12. con 6, being Part 5, Plan 4R-23784, City of Ottawa, Former Township of West Carleton/ Torbolton and also known as 4068 Armitage Avenue;

Part of Lot 38, Plan 418, being Part 3, Plan 4R-23784, Part of Lot 39 Plan 418, being Part 4, Plan 4R-23784, and part of  12, con 6, being Part 6, Plan 4R-23784, City of Ottawa, Former Township of West Carleton/Torbolton and also known as 4064 Armitage Avenue;

are removed from this action;

 

3.  THIS COURT ORDERS AND ADJUDGES that Parts 1, 2, 3 and 4 of Plan 4R-24005, together with the lands described in paragraph 2 above are not "common lands" pursuant to the Surveys Act, R.S.O. 1990 C, S30; and

 

4.  THIS COURT ORDERS that costs payable by the Appellant/Plaintiffs to the Respondent/Defendant  Wayne Morris, are fixed at $5,000.00

 

Entered at Ottawa

May 31, 2011

Document #1386   Click here to open as PDF download 

Plan 418  Plan 4R-24005