Juriansz J.A.

The appellant appealed a summary judgment decision that found no arguable issue for trial regarding its claims for equitable and legal set off.

The Court of Appeal upheld the motion judge's findings that the equitable set off claims lacked the requisite close connection, and the legal set off claims were either for unliquidated damages or factually complex amounts not readily ascertainable.

The appeal was dismissed with costs awarded to the respondent.

The appellants appealed the motion judge's refusal to stay a partial summary judgment until all litigation between the parties was resolved.

The Court of Appeal held that the refusal to stay the judgment was an exercise of the motion judge's discretion and found no basis to interfere.

The appeal was dismissed with costs fixed at $7,500.

The Crown appealed the dismissal of its application for certiorari and mandamus to set aside a preliminary inquiry judge's order discharging the respondent, an Emergency Task Force officer, on a charge of manslaughter.

The Crown argued the preliminary inquiry judge exceeded his jurisdiction by weighing the evidence regarding the careless use of a firearm.

The Court of Appeal dismissed the appeal, finding no jurisdictional error.

The preliminary inquiry judge properly engaged in a limited weighing of the circumstantial evidence, and there was no evidence of a marked departure from the standard of care required of an ETF officer.