Grant Wayne Ferguson

The appellant, Banti Yadeta, appealed the dismissal of his civil claim against the Regional Municipality of Peel Police Service Board and the Crown (His Majesty the King in Right of Ontario, the Attorney General of Ontario, and Maplehurst Correctional Complex).

The claim alleged malicious prosecution, misfeasance in public office, bad faith, and negligence related to his prior criminal charges and detention.

The motion judge had dismissed the appellant's motion for leave to pursue claims under s. 17 of the Crown Liability and Proceedings Act, 2019, and granted the respondents' motion to strike the claim for disclosing no reasonable cause of action.

The Court of Appeal found no error in the motion judge's decision, agreeing that the appellant failed to meet the statutory requirements for leave and did not plead material facts to support his claims, noting that the criminal proceedings were not resolved in his favour for malicious prosecution.

The appeal was dismissed with costs awarded to the respondents.

The plaintiff was injured when she fell while chasing a rolling shopping cart in a sloped parking garage at a shopping mall.

The defendant mall owners moved for summary judgment.

The court dismissed the plaintiff's 'unsafe parking lot' theory, as the defendants provided uncontradicted expert evidence that the ramp complied with safety standards.

However, the court deferred judgment on the 'unsafe shopping cart' theory, giving the plaintiff an opportunity to amend her pleadings, demand a defence from the retailer that provided the cart, and obtain expert evidence.