3 total
Successful defendants awarded partial indemnity costs after jury dismissed civil claims.
Following a jury trial dismissing claims for assault, false arrest, false imprisonment, and negligent police investigation arising from an altercation at a shopping centre, the successful defendants sought costs.
The action had involved a 14‑day trial and earlier motions with costs reserved to the trial judge.
The court considered the seriousness of the allegations, the significant damages claimed, and the time required to defend the action.
Although the police defendants argued for a higher scale of costs due to allegations of bad faith and fraud, the court treated all claims as falling within the partial indemnity scale.
Costs were awarded to both groups of defendants in the amounts requested.
Leave to appeal OMB Review Panel decision denied; refusal of adjournment breached procedural fairness.
Beechridge Farms Inc. sought leave to appeal a decision of an Ontario Municipal Board Review Panel that ordered a new hearing.
The Review Panel had found that the original hearing member breached procedural fairness by refusing to grant the respondents a short adjournment to consider the implications of the newly enacted Places to Grow Act and its Growth Plan.
The Divisional Court dismissed the application for leave to appeal, finding no reason to doubt the correctness of the Review Panel's conclusion that the refusal of the adjournment was unreasonable and a denial of natural justice.
Appeal dismissed; sufficiency of municipal notice containing a wrong address raises a factual issue.
The appellants appealed an order dismissing their motion under Rule 21.01(1)(a) of the Rules of Civil Procedure.
They argued that the respondents' notice under s. 284(5) of the Municipal Act was invalid as a matter of law because it contained a wrong address.
The Court of Appeal dismissed the appeal, holding that the sufficiency of the notice raises a factual issue that is not appropriately determined on a Rule 21 motion.
