James H. Bennett

The appellants appealed a decision finding that an exchange of correspondence did not constitute a binding agreement of purchase and sale for the Guelph Storm.

They also appealed the application judge's decision to award substantial indemnity costs to the respondent on a merged contempt and enforcement application.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the contract formation analysis, and upholding the costs award due to the appellants' prolonged delay and attempts to avoid their obligations.

The appellant was arrested for sexual assault during an undercover police operation targeting public sex in a park.

After the criminal charge was withdrawn, the appellant sued the police for negligence, malicious prosecution, and Charter breaches.

The trial judge dismissed the action.

On appeal, the appellant argued the trial judge erred in rejecting proposed expert evidence, failing to consider his section 15(1) Charter discrimination claim, and dismissing the malicious prosecution claim.

The Court of Appeal dismissed the appeal, finding the expert evidence was unnecessary, the trial judge properly considered and rejected the Charter claim, and there was no evidence of malice to support malicious prosecution.