Daniel Roncari

The defendants brought a motion under Rule 21.01(1)(b) to strike portions of a statement of claim arising from a police shooting.

The moving parties sought to strike claims against three chiefs of police, three unnamed John Doe constables, and claims for punitive and aggravated damages.

The court granted the motion, finding that the Police Services Act does not create a private law duty of care for police chiefs, the John Doe constables were empty placeholders without material facts, and the claims for punitive and aggravated damages lacked the requisite factual basis.

The appellant, a passenger injured in a motor vehicle collision, appealed a trial judgment that resulted in a nil award after the jury verdict of $50,000 in non-pecuniary damages was reduced by a statutory deductible and an advance payment made by the defendants.

The appellant challenged the trial judge's qualification of expert witnesses, aspects of the jury charge, and the costs award.

The Court of Appeal dismissed the appeal on the merits and the costs appeal, finding that the trial judge properly admitted non-party expert evidence, provided a balanced jury charge, and correctly applied the costs rules given the nil judgment.

The plaintiffs initiated an action for injuries sustained by Vladislav Bukshtynov at McMaster University's indoor track, claiming $1.1 million in damages.

A jury found the Flying Angels Running Club and George Kerr 60% liable, Vladislav Bukshtynov 40% contributorily negligent, and McMaster University and Hwang Lee not liable.

Damages were assessed at $101,885.

This judgment addresses costs, considering Rule 49 offers and the plaintiff's litigation conduct.

The court denied the plaintiffs' request for a Sanderson order, finding the plaintiff's conduct, particularly the failure to secure ATE insurance and refusal to settle, to be irresponsible.

The court awarded partial indemnity costs to the plaintiffs up to the date of the defendants' Rule 49 offers, and partial indemnity costs to all defendants from that date until a mid-trial pretrial recommendation, followed by substantial indemnity costs to all defendants thereafter.

The plaintiffs were ordered to pay McMaster University $95,000 and the Flying Angels Running Club, George Kerr, and Hwang Lee $69,156.

The defendants Flying Angels Running Club and George Kerr were ordered to pay the plaintiffs $43,108, to be deducted from the amounts owed by the plaintiffs.