Amanda Shaw

The plaintiff sued the defendant police service for malicious prosecution, negligent investigation, and wrongful arrest after criminal charges against him were withdrawn.

The defendant brought a motion to compel the plaintiff to answer questions refused during discovery, arguing that communications between the plaintiff and his criminal defence lawyer were relevant to whether the charges were terminated in his favour.

The court dismissed the motion, finding the communications irrelevant to the tort claims and protected by solicitor-client privilege, which had not been waived.

The court also declined to order the plaintiff to obtain records for a destroyed cellphone owned by a third party.

The plaintiff brought an action for damages against his former partner, several police officers, and the police services board for negligent investigation, malicious prosecution, false arrest, and Charter breaches arising from two arrests related to a property dispute.

The court found that two officers lacked reasonable and probable grounds to arrest the plaintiff for break and enter and breach of recognizance, respectively, and failed to conduct adequate investigations.

The court held the two officers and the police services board liable for negligent investigation and false arrest, awarding $40,192 in damages.

The claims for malicious prosecution and the claims against the former partner and other officers were dismissed.

The plaintiffs brought a motion for summary judgment seeking specific performance of an agreement of purchase and sale for farm properties, or alternatively, damages for breach of contract.

The defendants argued the agreement was unconscionable, they were coerced by real estate agents, and the property was not unique.

The court found no genuine issue for trial regarding the validity of the agreement, rejecting the defences of non est factum and unconscionability, and held that the defendants breached the contract.

However, the court declined to order specific performance, finding the property was not sufficiently unique and damages were an adequate remedy.

Partial summary judgment was granted on validity and breach, with the issue of damages deferred to trial.