Kristina Yeretsian

This decision addresses motions for partial summary judgment brought by the Crown and Thunder Bay police defendants in a civil action by Keith and Marisa Hobbs.

The court considers whether the plaintiffs' claims are statute-barred by limitation periods, and whether there is a genuine issue requiring a trial regarding the presence of reasonable and probable grounds for arrest and prosecution.

The court grants partial summary judgment dismissing the false arrest and certain Charter claims as time-barred, but allows claims for negligent investigation, negligence, discrimination, intentional infliction of mental distress, and defamation to proceed to trial.

This decision addresses summary judgment motions by the Crown defendants and Thunder Bay police defendants in a civil action brought by M.V. following her acquittal on extortion charges.

The court granted partial summary judgment dismissing M.V.'s claims for false arrest and Charter breaches as statute-barred, but allowed her claims for negligent investigation and negligence to proceed to trial, finding the limitation period for those claims began only upon her acquittal.

The court also rejected the defendants' argument that the existence of reasonable and probable grounds could be determined on the record, holding that the defendants had not met their burden on summary judgment.

The Attorney General of Ontario applied for a forfeiture order under the Civil Remedies Act, 2001, regarding $48,575 in Canadian currency seized by police.

The Attorney General argued the currency was proceeds and/or an instrument of unlawful activity.

An interested party, Mathew Ross-Young, claimed the funds were legitimate life savings and sought dismissal of the application.

The court, applying the balance of probabilities standard, found the currency to be proceeds and an instrument of unlawful activity, citing suspicious circumstances including large bundled cash, proximity to drugs and drug paraphernalia, inconsistent explanations from the interested party, and a lack of credible financial records.

The court emphasized that forfeiture under the Civil Remedies Act is a civil matter not requiring criminal charges or convictions, and that police opinion evidence is admissible.

The court found no "interests of justice" considerations to weigh against forfeiture and granted the application, ordering the forfeiture of the currency to the Crown.

The appellant, Neighbour’s Drug Mart Ltd., appealed the Divisional Court's dismissal of its judicial review application.

The original decision by the Executive Officer of the Ontario Public Drug Programs terminated Neighbour’s Health Network System Agreement, revoked its billing privileges under the Ontario Drug Benefit Act, and suspended its entitlement to payment due to false or unsubstantiated claims.

Neighbour’s argued the Divisional Court erred by misapprehending the record, imposing an unsupported sanction, and creating absolute liability.

The Court of Appeal dismissed the appeal, finding no reversible error in the Divisional Court's application of the reasonableness standard or its conclusions regarding the owner's responsibility and the regulatory scheme's honour system.

The court also rejected the argument that the Executive Officer's consent to a change of control precluded subsequent termination, emphasizing the new owner's assumption of all liabilities.

This endorsement addresses a costs ruling following successful summary judgment motions.

The defendants, as moving parties for costs, sought $70,000 in partial indemnity costs in each of two proceedings.

The plaintiffs, as responding parties, argued against the award, citing lack of notice regarding certain claims and the potential impediment to their ongoing litigation against other defendants.

The court granted the defendants the full requested costs, totaling $140,000, finding that the defendants were entirely successful, their offer to settle was generous, the allegations against them were serious, and the amount sought was reasonable.

The court dismissed the plaintiffs' arguments against the costs award.

The moving parties, including the Crown and two police officers, sought summary judgment to dismiss the plaintiffs' actions for negligent investigation, intentional infliction of mental harm, and civil conspiracy.

The plaintiffs' claims arose from a police investigation into alleged sexual assaults by two minor plaintiffs, which resulted in criminal charges that were later stayed after the minors completed counselling.

The court found no genuine issue requiring a trial, concluding that the criminal proceedings were not terminated in favour of the plaintiffs, the police had reasonable and probable grounds to lay the charges, and there was no evidence supporting the other tort claims.

The motion for summary judgment was granted and the claims against the moving parties were dismissed.