CITATION: Pfeiffer v. Ontario, 2008 ONCA 15
DATE: 20080111
DOCKET: C47644
COURT OF APPEAL FOR ONTARIO
MACPHERSON, ARMSTRONG and EPSTEIN JJ.A.
BETWEEN:
DOUGLAS RALPH PFEIFFER
Plaintiff/Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, WATERLOO REGIONAL POLICE SERVICE, CST. S. ANDREWS (#696), CST. R. GREEN (#684), CST. S. GERMANN (#1118)
Defendants/Respondent: Her Majesty the Queen in right of Ontario
Douglas Pfeiffer appearing in person
Edmund Huang for the respondent
Heard: January 10, 2008
On appeal from the judgment of Justice Gerald E. Taylor of the Superior Court of Justice dated August 8, 2007.
APPEAL BOOK ENDORSEMENT
[1] The appellant appeals the judgment of Taylor J. on 8 August 2007 dismissing the appellant’s action against the respondent for non-compliance with the notice requirement in s. 7(1) of the Proceedings Against the Crown Act.
[2] We agree with Taylor J. that notice for the purposes of s. 7(1) of the PACA must be written notice. In that respect, we also agree with the decisions of the Superior Court in E. P. v. Ontario, [2004] O.J. No. 3039 and Olesiuk v. Le Compte 1991 CanLII 7313 (ON SC), [1991] O.J. No. 365.
[3] The appellant also appeals the $1000 costs order. We see no reason for interfering with the motion judge’s exercise of discretion with respect to costs.
[4] No costs of the appeal.