Bryce V. Geoffrey

The appellant appealed a trial judgment which found that money received from the deceased was not a gift and that the storage of property at an abandoned school did not constitute a bailment.

The Court of Appeal dismissed the appeal, holding that the trial judge's conclusions were well-supported by the record, and awarded costs of $7,000 to the respondents.

The appellant appealed an order dismissing a defamation and malicious prosecution action arising from workplace harassment complaints made by co-employees in federal corrections.

The motion judge had held that s. 9 of the Crown Liability and Proceedings Act barred the action because the appellant had received disability pensions funded from public sources.

The Court of Appeal held the record did not permit a finding that the respondents acted within the scope of their employment, particularly given allegations of malice that had to be assumed true on a Rule 21 motion.

It further held that s. 9 does not immunize Crown servants without regard to the capacity in which they acted.

The appeal was allowed and the dismissal order was set aside.