DATE: 20060210
DOCKET: C41558
COURT OF APPEAL FOR ONTARIO
RE:
EDWARD HEALD (Plaintiff (Appellant)) – and – TORONTO DISTRICT SCHOOL BOARD, BOARD OF EDUCATION FOR THE CITY OF NORTH YORK, WENDY ABBOT, SHIRLY HUTCHINGS, MARGUERITE JACKSON, JOHN KILLER, GRETCHEN THOMAS, ALAN WARD, ROBERT CUNNINGHAM, TOM McGOWAN and HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (Defendants (Respondents))
BEFORE:
SIMMONS, CRONK AND ROULEAU JJ.A.
COUNSEL:
Edward Heald in person appellant
Alan A. Farrer and Robert H. Brent
for the respondents Toronto District School Board, et al.
HEARD & ENDORSED:
February 8, 2006
On appeal from the judgment of Justice Blenus Wright of the Superior Court of Justice dated February 24, 2004.
A P P E A L B O O K E N D O R S E M E N T
[1] The appellant raised several causes of action at trial all of which were dismissed by the trial judge. Although the trial judge’s reasons are sparse in some respects and although we do not endorse all aspects of his legal analysis, on these facts, we are not satisfied that the trial judge made any error in dismissing the appellant’s claims. Based on our review of the record, the appellant failed to establish any of the causes of action he advanced at trial and the fresh evidence does not assist.
[2] While it may have been preferable had the trial judge not intervened in the proceedings to the extent that he did, on our review of the record, the interventions do not rise to the level of creating a reasonable apprehension of bias. Finally, we are not satisfied that the trial record discloses any denial of natural justice.
[3] The respondent acknowledges that the trial judge’s costs award does not reflect substantial indemnity costs as reflected in the authorities because with the exception of trial costs, the amount awarded was on a full indemnity basis. In the circumstances, the costs award cannot stand. Accordingly, the appeal is allowed in part, the trial judge’s costs award is set aside and an order for costs to the respondent in the amount of $200,000 inclusive of G.S.T. and disbursements is substituted. In all other respects the appeal is dismissed. Costs of the appeal are to the respondents fixed in the amount of $5,000 inclusive of G.S.T. and disbursements if asked.