2 total
Summary judgment for fire loss claim denied due to credibility issues; partial judgment granted dismissing living expenses.
The plaintiff brought a motion for summary judgment for $66,283.54 for contents and additional living expenses lost in a fire, pursuant to a renter's insurance policy.
The defendant insurer opposed the motion, arguing there were genuine issues of credibility and fact regarding the existence and value of the items claimed.
The court dismissed the plaintiff's motion, finding that contradictory evidence and credibility issues required a trial.
The court granted partial summary judgment to the defendant, dismissing the plaintiff's claim for additional living expenses as the plaintiff admitted to moving in with his parents and not incurring such expenses.
Police officer's disciplinary conviction and penalty for unlawful arrest during a traffic stop upheld.
The appellant police officer appealed a disciplinary conviction and penalty for unlawful or unnecessary exercise of authority.
The officer had arrested a motorist for breach of the peace during a traffic stop after the motorist became agitated and argumentative.
The Hearing Officer found that the officer lacked reasonable grounds for the arrest, as the motorist's behaviour did not pose an imminent risk of harm or breach of the peace.
The Ontario Civilian Police Commission applied the reasonableness standard of review, upheld the Hearing Officer's findings of fact and credibility, and affirmed the penalty of forfeiture of 24 hours of work.
