Justin Villeneuve

A police officer and her children sued the Durham Regional Police Service (DRPS) and several officers, as well as a lawyer designated to prosecute her, for civil conspiracy, misfeasance in public office, negligence, defamation, and abuse of non-criminal proceedings.

The DRPS defendants moved to dismiss the action for lack of jurisdiction, arguing the dispute fell under the exclusive jurisdiction of labour arbitration due to a collective agreement.

The lawyer defendant (Johnstone) moved to strike the claim against him for failing to disclose a reasonable cause of action, among other grounds.

The court dismissed the DRPS defendants' motion, finding that the essential character of the dispute, involving alleged police misconduct targeting the plaintiff and her family in their private capacities, transcended the collective agreement.

However, the court granted Johnstone's motion to strike, finding the pleadings against him did not disclose a reasonable cause of action and refused leave to amend.

The plaintiff sought leave to discontinue a wrongful dismissal action in Ontario, which was a condition for proceeding with a related action in Florida.

The defendant consented to the discontinuance but sought costs for the action and the motion on an elevated scale, and that the discontinuance be with prejudice.

The court granted leave to discontinue with prejudice, awarded the defendant partial indemnity costs for the action (fixed at $7,500), but ordered each party to bear their own costs for the motion, finding both parties' conduct regarding the motion costs unreasonable.