DATE: 20030925

DOCKET: C39193

COURT OF APPEAL FOR ONTARIO

RE:

RONALD DAVID SCOTT (Plaintiff) – and – HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, THE ATTORNEY GENERAL OF ONTARIO, PAUL CULVER, ANN MORGAN, TORONTO POLICE SERVICES BOARD, DAVID BOOTHBY, JULIAN FANTINO, ALAN COMEAU, FRANK WOZNIAK, GARY GIROUX AND DINA KALNS (Defendant)

BEFORE:

ABELLA, MOLDAVER and SHARPE JJ.A.

COUNSEL:

Kim Twohig and Jim Smith

for the defendant

Sean Dewart and Charles Sinclair

for the plaintiff

HEARD AND ENDORSED:

September 24, 2003

On appeal from the order of Justice Donald R. Cameron dated October 30, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] We agree with Cameron J.’s careful analysis on the issue of malice. In our view, he correctly found that there was no genuine issue for trial on the question of malice.

[2] Accordingly, we are satisfied that he properly granted summary judgment and dismissed the claim against the respondents.

[3] The appeal is dismissed. Costs if requested.