A. Douglas Burns

The plaintiff brought an action against a police officer and the police services board for intrusion upon seclusion, harassment, and bullying.

The officer, who was the ex-spouse of the plaintiff's boyfriend, had conducted brief, unauthorized searches of the plaintiff's name in a police database for personal reasons.

The court dismissed the intrusion upon seclusion claim, finding the searches were a minimal invasion of privacy that a reasonable person would not consider highly offensive.

The court also dismissed the harassment claims, concluding the officer's communications were not outrageous or threatening, and found no basis for vicarious liability against the police services board.

The applicant and respondent are brothers and shareholders in a corporation that owns a commercial property.

The respondent accepted an offer to sell the property on behalf of the corporation.

The applicant brought an oppression remedy application, alleging he was improperly excluded from management, and sought a certificate of pending litigation (CPL) against the property to prevent the sale.

The court dismissed the motion for a CPL, holding that a shareholder does not have a direct interest in the lands owned by the corporation, which is a requirement for a CPL under the Courts of Justice Act.

The court noted the appropriate remedy would be an injunction.

Following a trial concerning an alleged fundamental breach of a commercial lease, the court issued a separate ruling addressing costs.

Although the plaintiff succeeded in obtaining judgment and defeating the counterclaim, the success was characterized as mixed because the damages awarded were significantly lower than claimed and several claims were dismissed.

The court also criticized both parties and their principals for unreliable evidence and a poorly drafted lease that unnecessarily complicated the trial.

However, the plaintiff had delivered a Rule 49 offer to settle that was bettered by the trial result.

Considering the offer and the factors under the Rules of Civil Procedure, the court fixed costs payable by one defendant to the plaintiff at $50,000 all inclusive.