Michael J. Pretsell

The appellants appealed a jury verdict awarding the respondents damages for malicious prosecution and awarding the appellant Wayne Scott $1 in damages for assault.

The dispute arose from altercations over a right of way between trailer park owners and cottagers.

The appellants argued the jury verdicts were unreasonable and challenged the trial judge's jury instructions.

The respondent Bettes cross-appealed the finding of assault against him and the dismissal of his malicious prosecution claim.

The Court of Appeal dismissed both the appeal and the cross-appeal, finding that there was evidence to support the jury's findings, the jury instructions were proper, and the nominal damages award was open to the jury.

The Crown appealed the acquittal of a young person charged with a sexual offence.

The trial judge had found the evidence of non-consensual sex overwhelming, except for the complainant's muted response and her accompanying the respondent behind a building.

The Court of Appeal held that the trial judge erred in law by relying on the muted response to raise a reasonable doubt about consent.

The appeal was allowed and a new trial ordered.

The appellants, former nursing students at Loyalist College, sought to certify a class action against the college for breach of contract and negligent misrepresentation.

They alleged the college falsely promised a 'Queen's option' allowing them to obtain a nursing degree from Queen's University after completing two years at Loyalist.

The motion judge and Divisional Court dismissed the certification motion, finding no identifiable class or common issues.

The Court of Appeal allowed the appeal, holding that the lower courts erred in their application of section 5 of the Class Proceedings Act.

The Court found that the pleadings disclosed a cause of action, there was an identifiable class, common issues existed regarding the contract and representations, and a class proceeding was the preferable procedure.