Christopher Rapson

The requestors brought a motion seeking answers to 142 questions refused by Canada during an out-of-court cross-examination of a government affiant.

The cross-examination arose in the context of Canada's request for directions to strike the requestors' motion regarding compliance with the Indian Residential Schools Settlement Agreement.

The court largely upheld Canada's refusals on the bases of relevance, proportionality, privilege, and speculation, but ordered Canada to answer six specific questions of fact.

The appellant challenged the Toronto Police Services' (TPS) authority to impose bag searches as a condition of entry into Allan Gardens during the 2010 G20 summit, alleging tortious conduct and Charter breaches.

The Court of Appeal found that the TPS lacked legal authority, as agents of the City under the Trespass to Property Act, to create such a condition.

The court held that the police conduct infringed the appellant's freedom of expression (s. 2(b)), right against arbitrary detention (s. 9), and right against unreasonable search and seizure (s. 8) under the Charter.

The appeal was allowed, and the appellant was awarded modest Charter damages.

The defendants, Halton Regional Police Services Board and Constable Ross Amore, brought a motion for summary judgment to dismiss the plaintiff M.W.'s action for damages.

M.W. alleged false arrest, false imprisonment, negligent investigation, malicious breach of public duty, malicious prosecution, misfeasance of public office, and Charter rights violations stemming from two police investigations in 2015 and 2016.

The court granted partial summary judgment, dismissing all claims related to the March 23, 2016 arrest for assault, finding that the police had reasonable and probable grounds.

However, the court found a genuine issue for trial regarding whether M.W. was detained and his Charter rights violated during questioning on February 19, 2015, allowing that specific claim to proceed.

Following the dismissal of the plaintiff's action for alleged Charter breaches, the parties made written submissions on costs.

The plaintiff argued for no costs on the basis that the case was pursued in the public interest.

The defendant sought a modest costs award, noting the plaintiff's decision to traverse the action from Small Claims Court to the Superior Court and his rejection of two Rule 49 offers to settle.

The court awarded the defendant $25,000 in costs, inclusive of HST and disbursements, taking into account the early offers to settle and the plaintiff's assumption of risk.

The plaintiff, Luke Stewart, sued the Toronto Police Services Board for alleged violations of his Charter rights (freedom of expression and peaceful assembly, arbitrary detention, unreasonable search and seizure) during the 2010 G20 summit.

Stewart was briefly detained and his backpack searched after he breached a police perimeter at Allan Gardens, which had been established with a condition of entry requiring bag inspections for weapons due to security concerns.

The court found that the police acted lawfully and reasonably under the Trespass to Property Act and their common law powers to maintain public safety.

It concluded that Stewart's Charter rights were not infringed, and even if they were, such infringements were reasonable and demonstrably justified in the unique circumstances of the G20 protest demonstrations.

The action was dismissed.