Court of Appeal for Ontario

Porter v. York Regional Police

Date: 2002-10-04

Counsel: David E. Wires and Gregory W. Banks, for the appellant.

File Number: (C36962)

Endorsement

[1] By the Court: In the particular circumstances of this case, given: the multiplicity of causes of actions; the numbers of defendants and the heads of damages; the number of interlocking legal and factual issues; and given, in particular, the appellant's strategy that all of these issues were properly before the jury, we see no basis for interfering with the discretion of the trial judge to grant the motion to strike the jury on the grounds of complexity.

[2] We are not persuaded that the trial judge misapprehended the evidence with respect to Mr. Bailey. We are also satisfied that he was entitled to draw the inferences he did on the remaining issues from the record.

[3] The appeal is dismissed with costs fixed in the amount of $10,000.

Appeal dismissed.