Abram Silver

This is a costs endorsement following a partially successful appeal.

The appellants, who were self-represented, had their appeal allowed in part, leading to several claims against the Dryden Police Services Board and some employees proceeding to trial.

While the appellants did not seek costs and none were awarded to them for the appeal, a significant $25,000 costs order against them from the motion judge was set aside, with those costs reserved to the trial judge.

The Dryden Police Services Board and its primary employees were denied their costs claim for the appeal.

However, one employee, Kevin Hildebrand, was awarded nominal costs of $1,000, and Anishinaabe Abinoojii Family Services and its employees were awarded $3,623.30, as they were entirely successful on appeal.

The appellants appealed a summary judgment dismissing their action against the Dryden Police Services Board and Anishinaabe Abinoojii Family Services and their employees.

The action stemmed from a warrantless entry into their home by a child protection worker and police officers.

The Court of Appeal upheld the dismissal of claims against the Society defendants due to the expiry of the limitation period.

However, it set aside the summary judgment dismissing claims against the Dryden Police related to the lawfulness of the entry, including negligence, false arrest, false imprisonment, assault and battery, trespass, invasion of privacy, and Charter breaches (ss. 7 and 9), finding the motion judge erred in concluding the entry was lawful under the CFSA without sufficient evidence of statutory preconditions.

The Court also reinstated Mr. Land's claims for negligent investigation and malicious prosecution, while dismissing Ms. Henry's similar claims due to her participation in a diversion program.

This appeal was dismissed as abandoned due to the appellants' failure to appear at the scheduled hearing.

Despite the respondents seeking their full costs, the court awarded nominal costs, recognizing the appellants' inability to pay and to avoid a deleterious effect of a substantial award on them.