Devon Ryerse

The plaintiff's action for damages in excess of $5,000,000 was dismissed after a multi-week trial.

The defendants sought partial indemnity costs of $232,663.

The plaintiff argued for no costs or a significant reduction due to his limited ability to pay and alleged duplication of effort by the defendants' counsel over the 20-year litigation history.

The court rejected the duplication argument, noting the plaintiff's responsibility for the delay, and fixed the defendants' partial indemnity costs at $225,000, considering the complexity of the case and the amount claimed.

The plaintiff, a former lawyer, sued the investigating police officer, the police services board, and the municipality for negligent investigation after he was charged with fraud, perjury, and obstructing justice.

The criminal charges were ultimately not pursued after a preliminary inquiry was terminated due to an unsworn Information.

The plaintiff claimed the charges destroyed his law practice and caused significant financial losses.

The Superior Court of Justice dismissed the action, finding that the police officer's investigation met the standard of a reasonable police officer and that there were reasonable and probable grounds to lay the charges.

Furthermore, the court found that the plaintiff's financial losses were caused by other personal and business factors, not the police investigation.

Following certification of a class proceeding arising from the collapse of a shopping mall, the court determined the appropriate allocation of costs for the certification motion.

Most defendants did not oppose certification and several entered into settlement agreements regarding costs.

The court distinguished between baseline costs that would have been incurred even if certification had proceeded on consent and additional costs caused by defendants who opposed certification.

The judge concluded that $140,000 represented additional costs attributable to opposition and allocated remaining unpaid costs primarily to the provincial government, whose extensive submissions challenged multiple certification criteria.

Costs were fixed at $15,000 against one defendant and $60,000 against the provincial government, with other amounts accounted for through settlements.

The plaintiffs brought a motion to certify a class action following the collapse of the Algo Centre Mall roof in Elliot Lake, which killed two people and injured dozens.

The proposed class included occupants, tenants, and employees of the mall.

The defendants included the mall owners, builders, engineers, and the Province of Ontario.

The Province opposed certification, arguing it owed no private law duty of care for negligent inspection.

The court found that the pleadings disclosed a valid cause of action for negligent inspection against the Province and that all five prerequisites for certification under s. 5(1) of the Class Proceedings Act, 1992 were met.

The action was certified as a class proceeding.