D. Thomas H. Bell

The appellant sued the Crown and two police officers for false arrest, false imprisonment, malicious prosecution, and other torts after criminal charges against him were withdrawn upon his entering a peace bond.

The motions judge struck the statement of claim for failure to give proper notice under the Proceedings Against the Crown Act and for expiry of the limitation period under the Public Authorities Protection Act.

On appeal, the Court of Appeal held that the notice requirements do not apply to individual police officers and that a limitation period defence must be pleaded in a statement of defence before a motion to strike can be brought.

The appeal was allowed in part, reinstating the claims for false arrest, false imprisonment, and negligence against the police officers.

The Ontario Civilian Commission on Police Services appealed two Divisional Court decisions quashing its orders to hold hearings into civilian complaints against police officers.

The Divisional Court had held that the Commission failed to specify the allegations with sufficient particularity.

The Court of Appeal allowed the appeals, holding that the Commission is only required to provide sufficient information to permit the chief of police to reasonably inform the officer of the case to meet, and is not required to draft the actual charge or provide reasons.

The Court also dismissed a cross-appeal, finding that the remedial steps in s. 13(3) of the Regulation do not apply to public complaints of unsatisfactory work performance.