Court of Appeal for Ontario

Citation: Baltrusaitis v. Ontario, 2011 ONCA 608

Date: 2011-09-22

Docket: C53322

Between:

Vytautas (“Chuck”) Baltrusaitis Appellant (Plaintiff)

and

Her Majesty the Queen in Right of Ontario, the Attorney General of Ontario Respondents (Defendants)

Before: Doherty, Weiler and Laskin JJ.A.

Counsel: Rocco Galati, for appellant (plaintiff) Hart Schwartz, for the respondents (defendants)

Heard: September 21, 2011

On appeal from the order/judgment of Justice Whitaker of the Superior Court of Justice dated January 28, 2011.

APPEAL BOOK ENDORSEMENT

[1] We need not address the Limitations Act issues. Assuming the claims were brought in time, we see no merit in the claims. We are in substantial agreement with the reasons of the trial judge. We would add that the vagueness of the s. 15 pleading and the absence of any evidence make any meaningful analysis of the s. 15 claim virtually impossible. That claim would fail for that reason alone.

[2] We see no error in the cost award made at trial. We would award costs of the appeal to the respondent in the amount of $8,000, inclusive of disbursements and all applicable taxes. Counsel for the Attorney General of Ontario advises that the Crown will undertake not to enforce the cost orders given the appellant’s financial circumstances. We think that is a fair position to take.

[3] The appeal is dismissed.