DATE: 20060523

DOCKET: C44515

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

[1] The 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.

[2] The appeal is dismissed with costs fixed at $3,000.00.