Cizan Suliman

A police services board and a detective appealed a trial judgment finding them liable for false arrest, negligent investigation, and malicious prosecution, with significant damages awarded to the plaintiff.

The plaintiff cross-appealed the costs award.

The Court of Appeal dismissed both the appeal, upholding the trial judge's findings on lack of reasonable and probable grounds and malice, and the cross-appeal, affirming the costs award.

Extreme Sandbox, LLC moved for summary judgment against KGM Simulation Inc. and Fluid Motion Dynamics Inc. for breach of contract, seeking $100,000 or the return of a $40,425 USD deposit, and dismissal of the defendants' counterclaim.

The defendants responded with their own requests for summary judgment; Fluid Motion Dynamics Inc. sought dismissal from the action, and KGM Simulation Inc. sought $8,002.50 USD and dismissal of Sandbox's claim.

The court granted Fluid Motion Dynamics Inc.'s motion for dismissal, finding it was not a proper party to the contract.

However, the court dismissed both Extreme Sandbox, LLC's and KGM Simulation Inc.'s motions for summary judgment, determining that genuine issues of credibility regarding contract formation and breach, particularly concerning the interpretation of "progress payment" in email exchanges, required a trial.

The applicant was involved in a minor rear-end motor vehicle accident and subsequently claimed statutory accident benefits, including income replacement, housekeeping, and medical/rehabilitation benefits.

The insurer denied the claims, arguing the applicant's chronic pain and psychological impairments were not caused by the accident.

The arbitrator applied the material contribution test and found the accident exacerbated the applicant's pre-existing conditions, causing permanent impairment to her right shoulder and psychological disorders.

The applicant was awarded income replacement benefits, certain medical and assessment costs, and interest, but her claim for housekeeping benefits was dismissed due to insufficient credible evidence.