Matthieu C. Charron

The court dismissed a proposed class action for delay under section 29.1 of the Class Proceedings Act, 1992.

The plaintiff failed to advance the proceeding for over six years after being ordered to deliver amended materials.

The court found that the plaintiff had not taken any steps to advance the case, failed to comply with court-ordered timetables, and did not provide evidence to justify an adjournment.

The dismissal does not prejudice putative class members, as they may commence a new proceeding on the same grounds.

The plaintiffs sought compensation for injuries sustained by Sandra Bernier during a cycling event.

The defendants and third party brought summary judgment motions, arguing the action was barred by a signed waiver and voluntary assumption of risk.

The court found the waiver enforceable against the plaintiff, including her children's claims under the Family Law Act, and that it covered the alleged negligence, including negligent organization and road maintenance.

The court also found the plaintiff voluntarily assumed the risk.

The summary judgment motions were granted, and the action was dismissed.

The plaintiff brought a civil action alleging assault, sexual assault, harassment, intentional infliction of mental distress, discrimination under the Ontario Human Rights Code, and negligence arising from her arrest by police officers following an altercation during a traffic stop.

The court considered whether the officers used excessive force during the arrest and detention, whether sexualized comments and touching constituted sexual assault, and whether the conduct amounted to intentional infliction of mental suffering.

The court relied in part on the plaintiff’s prior guilty plea to obstructing a police officer and accepted the officers’ evidence that the plaintiff had bodychecked one officer and resisted arrest.

It held that the police were justified in using reasonable force under s. 25(1) of the Criminal Code and that the plaintiff failed to prove the alleged torts on a balance of probabilities.

Claims under s. 46.1 of the Ontario Human Rights Code were also dismissed because the provision was not in force at the time of the events.