The plaintiffs were passengers on a Greyhound bus who were injured when another passenger, Davis, suddenly grabbed the steering wheel, causing the bus to crash.
Prior to boarding, Davis had exhibited signs of mild paranoia and had interacted with OPP officers, who concluded he was not a danger to himself or others.
The plaintiffs sued the OPP, the officers, Greyhound, and the bus driver for negligence.
The Superior Court of Justice dismissed the action against all defendants except Davis, finding that the police officers acted reasonably and had no legal grounds to apprehend or detain Davis under the Mental Health Act or common law.
The court also found that the bus driver and Greyhound met the high standard of care expected of a common carrier, as the sudden attack was not reasonably foreseeable and the driver's actions were reasonable in the circumstances.
The court proceeded to assess the hypothetical damages for each plaintiff.
