Jason E. Bogle

The defendant brought a motion to strike the plaintiff's amended amended statement of claim, arguing it failed to disclose a reasonable cause of action and was devoid of material facts.

The plaintiff's claims arose from a slip and fall in prison, the loss of his personal files by Correctional Services Canada, and alleged unlawful confinement following a successful appeal.

The court struck the pleading in its entirety due to its deficiencies but granted the plaintiff leave to deliver a fresh as amended statement of claim limited to negligence for the slip and fall and lost files, and properly particularized claims regarding his release conditions.

The plaintiffs, former executives of the Durham College student association (DCSI), sued Durham College and DCSI following their termination by DCSI.

Durham College brought a motion for summary judgment to dismiss the claims against it, arguing it had no involvement in the termination and owed no duty to supervise DCSI's employment relationships.

The court granted the motion, finding that the governing legislation prohibited Durham College from interfering with DCSI's normal activities, precluding any duty of care.

The court also dismissed the plaintiffs' claims for negligent misrepresentation, intentional infliction of mental distress, specific performance, and discrimination due to lack of evidence and insufficient pleadings.

The plaintiff brought a civil action against the Toronto Police Services Board and individual officers, alleging they used excessive force during his arrest and were negligent in his subsequent detention.

The plaintiff claimed he was severely beaten without warning, while the police testified they executed a controlled take-down after he resisted arrest.

The court found the police officers' evidence credible and reliable, concluding that the force used was necessary, justified, and not excessive under section 25(1) of the Criminal Code.

The court also dismissed the plaintiff's claims of negligence and breach of fiduciary duty, ultimately dismissing the action in its entirety.

The plaintiff sued the police for negligent investigation, assault and battery, misfeasance of public office, and conversion of property following his arrest on drug trafficking charges that were later stayed.

The plaintiff alleged the police relied on fabricated information to obtain wiretap authorizations and used excessive force during his arrest, causing severe injuries including deep vein thrombosis.

The court dismissed the action in its entirety, finding the wiretap authorizations were validly issued based on reasonable grounds and the police did not breach their duty of care.

The court also rejected the plaintiff's claims of excessive force, finding his injuries were minor, his testimony lacked credibility, and his severe medical issues were pre-existing.