Kivell v. Chatham-Kent Children’s Services, 2020 ONCA 180
Court File and Parties
COURT OF APPEAL FOR ONTARIO
DATE: 20200306 DOCKET: C67427
Tulloch, Benotto and Jamal JJ.A.
BETWEEN
Brian Kivell and Betty-Jo Kivell, Erica Kivell, Gracie Kivell, Sasha Kivell, Kaitlynn Kivell, Ezra Kivell and Sawyer Kivell by their Litigation Guardian, Betty-Jo Kivell
Plaintiffs (Appellants)
and
Chatham-Kent Children’s Services (Operated by The Children’s Aid Society of the Municipality of Chatham-Kent), Cristina Ruscica, Robin Rose, Chatham-Kent Police Services Board and Police Constable Gary Oriet
Defendants (Respondents)
Counsel: Raymond G. Colautti, for the appellants Sheila Handler, for the respondents
Heard and released orally: March 3, 2020
On appeal from the order of Justice Jonathon C. George of the Superior Court of Justice, dated August 15, 2019.
Reasons for Decision
1The motion judge’s conclusion that the officer had subjective reasonable and probable grounds to arrest is supported by the evidence and entitled to deference. The grounds were objectively reasonable.
2The allegation of negligent investigation is answered by the fact that – as stated by the motion judge – the appellant presented no expert evidence as to the standard of care to rebut the evidence filed by the police.
3This is one of those rare cases when summary judgment in favour of one defendant is appropriate in the context of the litigation as a whole.
4The appeal is dismissed. Costs are awarded to the respondents in the amount of $15,000 including HST and disbursements.
“M. Tulloch J.A.”
“M.L. Benotto J.A.”
“M. Jamal J.A.”