Daniel Lamberto Ambrosini

The plaintiff and defendant were neighbours in a condominium building.

The plaintiff made numerous complaints about excessive noise and marijuana smoke emanating from the defendant's unit.

The defendant experienced vandalism to her door and reported the plaintiff to the police, resulting in the plaintiff's arrest for mischief, though charges were later stayed.

The plaintiff sued for malicious prosecution, defamation, negligence, invasion of privacy, intentional infliction of mental suffering, harassment, and nuisance.

The court dismissed all claims except private nuisance, finding the defendant's excessive noise constituted a substantial and unreasonable interference with the plaintiff's use and enjoyment of her unit.

The plaintiff was awarded $15,000 in general damages.

The applicant sought access to police records concerning a youth (W.C.) under the Youth Criminal Justice Act (YCJA) after being struck by a pellet from a BB gun.

The police had investigated but laid no charges, opting for extrajudicial measures.

The court found that the police records constituted records of extrajudicial measures under section 119(4) of the YCJA, which prohibits access to such records for individuals like the applicant.

Even if not considered extrajudicial measures, the records were inaccessible under the YCJA's statutory framework, as section 123, which allows access after certain periods, did not apply to records where no charges were laid and thus no access period was defined.

The court emphasized the YCJA's principles of youth privacy and diminished moral blameworthiness.

The application was dismissed.

The appellant, Phyllis Johnson, appealed a motion judge's order granting summary judgment and dismissing her dental malpractice action.

The appellant sought to adduce fresh expert evidence on appeal.

The Court of Appeal admitted the fresh evidence, finding that it satisfied the Palmer test.

The court concluded that with this new evidence, the motion judge would have adjourned the summary judgment motion to allow the appellant to cure deficiencies in the expert report.

The appeal was allowed, and the dismissal of the action was set aside.