Nancy Erickson

On a summary judgment motion in an action arising from criminal breach of trust charges against a police officer responsible for sex offender registry administration, the court dismissed the claims for negligent investigation and malicious prosecution.

Applying the modern summary judgment framework and the elements of negligent investigation, the court held the moving parties did not initiate the criminal proceedings and, in any event, there were reasonable and probable grounds for the charges based in part on findings made in the prior criminal reasons.

The evidentiary record was found insufficient to support the pleaded conspiracy and Charter damages claims, but the court declined to dismiss them outright and granted leave to file a further fresh as amended pleading limited to those causes of action.

Claims against the police service as a non-entity were also dismissed.

The defendant hotel moved for an order for security for costs against the plaintiff, who resided outside Ontario.

The plaintiff argued that the defendant delayed in bringing the motion and that he was impecunious, meaning an order would stifle a meritorious claim.

The court found the delay was explained and not fatal.

However, the court determined the plaintiff was impecunious and his negligence claim against the hotel for failing to provide appropriate security was not plainly devoid of merit.

The motion for security for costs was dismissed.

The appellant appealed a Superior Court judgment that dismissed an appeal from an arbitration award regarding an insurance dispute.

The Court of Appeal found that both the arbitrator and the lower court judge correctly interpreted the terms 'gross vehicle weight' and 'trailer'.

The appeal was dismissed with costs fixed at $12,000.