Court of Appeal for Ontario
Porter v. York Regional Police
Counsel: David E. Wires and Gregory W. Banks, for the appellant.
File Number: (C36962)
Endorsement
1By the Court: In the particular circumstances of this case, given: the multiplicity of causes of actions; the numbers of defendants and the heads of damages; the number of interlocking legal and factual issues; and given, in particular, the appellant's strategy that all of these issues were properly before the jury, we see no basis for interfering with the discretion of the trial judge to grant the motion to strike the jury on the grounds of complexity.
2We are not persuaded that the trial judge misapprehended the evidence with respect to Mr. Bailey. We are also satisfied that he was entitled to draw the inferences he did on the remaining issues from the record.
3The appeal is dismissed with costs fixed in the amount of $10,000.
Appeal dismissed.
