Heidi Brown

The TEC defendants brought a motion to admit evidence from the criminal trial of Christopher Husbands (who committed a mass shooting at the Eaton Centre) into the upcoming civil trial, and to strike the plaintiffs' jury notices.

The defendants argued the evidence was necessary to establish Husbands' mindset and the spontaneity of his actions.

The court dismissed the motion, finding that Husbands' specific mindset and reasons for the shooting were not relevant to the core issue of whether the defendants breached their duty of care regarding security under the Occupiers' Liability Act.

As the criminal evidence was not admitted, the court also declined to strike the jury notices, finding that a jury is capable of handling the anticipated expert evidence on security standards.

A case conference was held to schedule summary judgment motions brought by the Toronto Police Services Board and the Eaton Centre defendants.

The plaintiffs opposed the motions and sought a 14 to 17-day hearing to accommodate viva voce cross-examination of experts, arguing for a trial instead.

The court rejected the plaintiffs' proposed schedule as contrary to the purpose of summary judgment, which is meant to be a faster process.

The court scheduled a 6-day hearing for May 2021 and set a timetable for the exchange of materials and cross-examinations.

The defendants, the Toronto Police Services Board and the Eaton Centre, sought to schedule summary judgment motions to determine their liability in four related civil actions arising from a 2012 shooting at the Toronto Eaton Centre.

The plaintiffs opposed the motions, arguing they were entitled to a full jury trial on all issues.

The court held that there is no absolute right to a civil trial and that a summary judgment process is a legitimate alternative.

Finding that the liability issues would likely turn on legal concepts and expert evidence rather than disputed facts, the court directed that the summary judgment motions be scheduled.

A case management conference was held for five related actions arising from a 2016 motor vehicle accident.

The court noted partial compliance with a previous timetable and ordered further deadlines for answering undertakings, arranging defence medical examinations, and serving expert reports.

The court also directed that the matters be tried together and admonished counsel for sending representatives without knowledge or authority to the case conference.