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
1We 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.
2Accordingly, we are satisfied that he properly granted summary judgment and dismissed the claim against the respondents.
3The appeal is dismissed. Costs if requested.