DATE: 20040107

DOCKET: C40320

COURT OF APPEAL FOR ONTARIO

RE:

MARIA SOKOLOWSKA (Plaintiff/Appellant) – and – OTTAWA POLICE SERVICE (Defendant)

BEFORE:

DOHERTY, MACPHERSON and SIMMONS JJ.A.

COUNSEL:

Maria Sokolowska in person

Jeremy Wright for the defendant

HEARD:

January 6, 2004

On appeal from the order of Justice Jean A. Forget of the Superior Court of Justice dated June 19, 2003.

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

[1] This is an appeal from judgment dismissing the appellant’s claim on a motion brought by the respondent for summary judgment.

[2] The allegations in the statement of claim arise out of the eviction of the plaintiff from her home by the sheriff. Employees of the respondent were called by the sheriff to assist in gaining entry and removing the plaintiff. The sheriff was acting under a court order. On the uncontested evidence the police acted under lawful authority. There is no evidence to support the allegation of theft. The action was properly dismissed. The appeal is dismissed with costs to the respondent in the amount of $500.00.

“D. Doherty J.A.”