The plaintiff, who suffers from schizoaffective disorder, experienced a psychotic episode after failing to take her medication.
The police Emergency Task Force (ETF) was called to her apartment, where she had barricaded herself in the bathroom.
An officer fired a muzzle blast tear gas gun through the bathroom window at close range, causing severe injury to the plaintiff's left eye.
The trial judge found the ETF negligent for using unreasonable force when less lethal means were available, and found the plaintiff 50% contributorily negligent for voluntarily stopping her medication.
The Toronto Police Services Board appealed the findings of negligence and causation, and the admission of the plaintiff's expert evidence.
The plaintiff cross-appealed the finding of contributory negligence.
The Court of Appeal dismissed both the appeal and cross-appeal, finding no palpable and overriding error in the trial judge's conclusions, though it varied the judgment to reflect that the Board, rather than the Chief of Police, bears liability under the Police Services Act.
