Amanda N. Shaw

The defendants moved to strike the plaintiffs' statement of claim, arguing no reasonable cause of action, lack of standing for the Barbra Schlifer Clinic, and that the action was frivolous, vexatious, and an abuse of process.

The plaintiffs sought declarations of systemic sex discrimination by the London Police Service in investigating sexual assault complaints and an order for a court-supervised external review.

The court allowed the motion in part, affirming that the claim was not plainly and obviously bound to fail and that the Clinic had public interest standing.

However, several paragraphs of the statement of claim were struck for pleading evidence or being vexatious and inflammatory.

The plaintiff brought a motion to enforce a settlement agreement in a wrongful dismissal action, specifically disputing the statutory deductions made by the defendant from a $25,000 payment.

The plaintiff argued the payment should be treated as a "retiring allowance" with lower tax, CPP, and EI deductions, while the defendant treated it as employment income based on the settlement wording "payable as wages and subject to all necessary statutory deductions." The court found that the parties had an enforceable settlement and that the defendant had met its obligations, as the agreement left it to the defendant to make "necessary deductions." The court clarified that the ultimate authority to characterize the payment and determine appropriate deductions rests with the Canada Revenue Agency and the Tax Court, not the Superior Court on a motion to enforce settlement.

The plaintiff sued police officers and the London Police Services Board for negligent investigation, false imprisonment, breach of Charter rights (warrantless entry), excessive force, and negligent transport, seeking damages for injuries sustained during arrest and transport.

The court dismissed claims for negligent investigation, false imprisonment, excessive force, and negligent transport.

However, it found a breach of the plaintiff's s. 8 Charter rights due to the officers' warrantless entry into his home, which was deemed to be in bad faith.

Damages were awarded for psychological injuries (PTSD and depression) causally linked to the incident, and for vindication and deterrence of the Charter breach, totaling $32,500.