Gregory P. McKenna

The Court of Appeal allowed Her Majesty the Queen's appeal, remitting the case for a new trial due to insufficient reasons from the lower court.

In this costs endorsement, the Crown sought $25,000 in appeal costs, while the respondents requested no costs.

The court awarded no costs for the appeal, citing the regrettable outcome of a new trial and the respondent's limited resources compared to the state.

The costs of the first trial were remitted to the judge hearing the new trial.

This ruling addresses the issue of costs following a nine-day trial where Her Majesty the Queen in Right of Ontario was found liable to the plaintiffs, with Paul Bruno found 15% contributorily negligent.

The plaintiffs sought $407,074.81 in costs and disbursements, while the defendant proposed $166,365.99.

The court determined partial indemnity rates for counsel, made specific reductions for time spent on claims against dismissed defendants, resolved prior interlocutory motions, and travel time.

The court fixed fees at $210,900.00 plus HST, and disbursements at $105,000.00, for a total award of $343,317.00.

The court declined to reduce costs due to contributory negligence, finding the plaintiff's contribution minimal and not significantly increasing litigation costs or affecting settlement chances.

The plaintiffs, Christopher McCullough and Nicholas Nossey, along with their Family Law Act claimants, sued the Hamilton Police Services Board and individual officers for damages arising from malicious prosecution, false imprisonment, negligent investigation, and breach of Charter rights.

McCullough and Nossey were jointly charged with murder in 1990; Nossey was acquitted, and McCullough's conviction was set aside on appeal, with the Crown declining a new trial.

The court found that the police had objectively reasonable grounds for the arrests of both McCullough and Nossey, dismissing all claims for malicious prosecution, negligence, and false imprisonment.