DATE: 20030616

DOCKET: C39036

COURT OF APPEAL FOR ONTARIO

RE:

DIANA MAGAS (Plaintiff (Appellant)) – and – JOHN MONETTE and REGIONAL MUNICIPALITY OF OTTAWA-CARLETON POLICE SERVICES BOARD (Defendants (Respondents)

DIANA MAGAS (Plaintiff (Appellant)) – and – LORI PASANEN and REGIONAL MUNICIPALITY OF OTTAWA-CARLETON POLICE SERVICES BOARD (Defendants (Respondents)

DIANA MAGAS (Plaintiff (Appellant)) – and – HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, THE ATTORNEY GENERAL OF ONTARIO and DESMOND MCGARRY (Defendants (Respondents))

BEFORE:

MOLDAVER, FELDMAN and MACPHERSON JJ.A.

COUNSEL:

Diana Magas

In person

Rosalyn Train for the respondent

Desmond McGarry and Ministry of the Attorney General

Mark O. Charron for the respondents

John Monette, Lori Pasanen and the Ottawa-Carleton

Police Services Board

HEARD & ENDORSED

JUNE 13, 2003

On appeal from the order of Justice A. deLotbiniere Panet of the Superior Court of Justice made in Ottawa on October 4, 2002.

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

[1] With respect to the learned motions judge, we are of the view that there were genuine issues of fact and credibility that required a trial for determination. Expressed succinctly, the appellant has satisfied us that on this record, there is evidence both direct and circumstantial, which could reasonably support the elements of the various causes of action pleaded. Accordingly, the appellant is entitled to a trial. The appeal is therefore allowed and the motions for summary judgment are dismissed.

[2] We note that although the appellant is an undischarged bankrupt, the respondents, before us, did not challenge her right to proceed with her appeals.

[3] The appellant is entitled to her costs of the motions below and the appeal in the amount of $22,500 inclusive of GST and disbursements.