Geoffrey Cantello

The plaintiff's lawyer brought a motion seeking an order declaring the plaintiff, Zeljko Milicevic, a "person under disability" within the meaning of the Rules of Civil Procedure and appointing the Public Guardian and Trustee as his litigation guardian.

The action stemmed from an incident in 2005 involving the Ottawa Police Service.

The court considered medical evidence, including psychiatrist reports detailing Mr. Milicevic's continuous delusional disorder, despite procedural deficiencies in how this expert evidence was presented.

Applying a liberal interpretation of the Rules, the court found Mr. Milicevic to be a person under disability due to his mental incapacity related to the proceeding and that no other suitable litigation guardian was available.

The motion was granted, and the Public Guardian and Trustee was appointed as litigation guardian.

GSI Environnement Inc. sued the City of Ottawa for unpaid invoices related to a biosolids disposal contract.

The City counterclaimed for breach of contract, alleging GSI wrongfully repudiated the agreement.

GSI argued the City breached the contract first by supplying non-conforming biosolids due to Quebec regulatory changes.

The court found that a 2007 amendment to the contract addressed the non-conforming biosolids issue by adjusting the pricing structure, and alternatively, any breach by the City was not fundamental.

Although the City's counterclaim was statute-barred, the court allowed an equitable set-off, effectively denying GSI's claim.

The City was awarded judgment against EnGlobe Corp. for unpaid disposal costs.

GSI Environnement Inc. sued the City of Ottawa for unpaid invoices related to a biosolids disposal contract.

The City counterclaimed for breach of contract, alleging GSI wrongfully repudiated the agreement.

GSI argued the City breached the contract first by supplying non-conforming biosolids due to Quebec regulatory changes.

The court found that a 2007 amendment to the contract addressed the non-conforming biosolids issue by adjusting the pricing structure, and alternatively, any breach by the City was not fundamental.

Although the City's counterclaim was statute-barred, the court allowed an equitable set-off, effectively denying GSI's claim.

The City was awarded judgment against EnGlobe Corp. for unpaid disposal costs.

The plaintiff brought an action against the Ottawa Police Services Board and two unnamed officers for trespass, intentional infliction of mental suffering, and misfeasance in public office after police entered her townhouse to execute an arrest warrant for her former boyfriend.

During the entry, the police shot and killed the plaintiff's two pit bulls and caused significant property damage.

The court dismissed the action, finding that the police entered under a valid warrant and authorization, and were protected from liability by section 25 of the Criminal Code because they acted on reasonable grounds and used no more force than necessary in a high-risk situation.