Bruce Hillyer

The plaintiff's action for damages in excess of $5,000,000 was dismissed after a multi-week trial.

The defendants sought partial indemnity costs of $232,663.

The plaintiff argued for no costs or a significant reduction due to his limited ability to pay and alleged duplication of effort by the defendants' counsel over the 20-year litigation history.

The court rejected the duplication argument, noting the plaintiff's responsibility for the delay, and fixed the defendants' partial indemnity costs at $225,000, considering the complexity of the case and the amount claimed.

The plaintiff, a former lawyer, sued the investigating police officer, the police services board, and the municipality for negligent investigation after he was charged with fraud, perjury, and obstructing justice.

The criminal charges were ultimately not pursued after a preliminary inquiry was terminated due to an unsworn Information.

The plaintiff claimed the charges destroyed his law practice and caused significant financial losses.

The Superior Court of Justice dismissed the action, finding that the police officer's investigation met the standard of a reasonable police officer and that there were reasonable and probable grounds to lay the charges.

Furthermore, the court found that the plaintiff's financial losses were caused by other personal and business factors, not the police investigation.