Munyonzwe Hamalengwa

Following a successful motion by the defendants to strike out the plaintiffs' statement of claim, the defendants sought partial indemnity costs of $15,419.95.

The plaintiffs argued there should be no order as to costs because the defendants had refused to mediate and the case was a matter of public interest.

The court rejected these arguments, finding no reason to depart from the normal rule that costs follow the event, and awarded the defendants their requested costs payable in any event of the cause.

Police officer plaintiffs commenced a civil action alleging negligence, defamation, malicious investigation, racial discrimination, and abuse of process arising from internal discipline proceedings under the Police Services Act following a public complaint.

The defendants moved to strike the claim on the basis that the dispute fell within the exclusive jurisdiction of the labour relations regime governing police discipline and grievance arbitration.

Applying the principles from Weber v. Ontario Hydro and subsequent jurisprudence, the court held that the essential character of the dispute concerned workplace discipline governed by the collective agreement and the Police Services Act, thereby ousting the court’s jurisdiction.

However, the court held it was possible that a properly pleaded claim for misfeasance in public office could fall outside the labour relations scheme if it alleged intentional abuse of public authority.

The statement of claim was struck against most defendants with leave granted to amend solely to plead misfeasance in public office.