DATE: 20060523
COURT OF APPEAL FOR ONTARIO
RE:
JESSE GARRETT (Appellant) –and- TORONTO POLICE SERVICES BOARD, CHRISTOPHER FERNANDEZ, THOMAS DALZIEL, JULIAN FANTINO, DAVID BOOTHBY, BRIAN C. PITKIN and GERALD S. LAPKIN (Respondents)
BEFORE:
LABROSSE, MOLDAVER AND FELDMAN JJ.A.
COUNSEL:
Ian A. Wilson
for the appellant
Sara Blake
for the respondent
HEARD & ENDORSED:
May 18, 2006
On appeal from the judgment of Justice Hugh R. McLean of the Superior Court of Justice, dated October 27, 2005 made at Peterborough, Ontario.
A P P E A L B O O K E N D O R S E M E N T
1The motion judge found that on the facts, the plaintiff had not been able to show any bad faith, mala fides or recklessness on the part of the Commissioner or his investigator. The action was dismissed on the merits. This is dispositive of this appeal.
2The appeal is dismissed with costs fixed at $3,000.00.