Court of Appeal for Ontario
Date: 2017-12-19
Docket: C62063 and C62064
Panel: Doherty, Benotto and Miller JJ.A.
Between
Linda Pitney and Carole Tovell Plaintiffs (Appellants)
and
Toronto Police Services Board Defendants (Respondents)
Counsel
Appellants:
- Linda Pitney, appearing in-person
- Carole Tovell, appearing in-person
Respondents:
- Rebecca Bush and Kathryn Shani
Heard: December 18, 2017
On appeal from: The judgment of Justice E.M. Stewart of the Superior Court of Justice, dated March 24, 2016.
Appeal Book Endorsement
[1] The appellants claim that the proceedings in criminal court were a nullity because the information was not properly vetted by the Justice of the Peace.
[2] In our view, that issue, and we make no comment on the merits of the allegation, had nothing to do with the motion for summary judgment on the appellants' claims.
[3] The appellants did not file any evidence on the summary judgment motion to support the claim that the police did not have reasonable and probable grounds. They did not cross-examine on the extensive material filed by the respondents in support of their claim that reasonable and probable grounds existed. Not surprisingly, the motion judge found that the respondents had met their onus (see reasons of the motion judge, at paras. 28-36).
[4] We see no error in her analysis. The appeal is dismissed.
[5] Costs to the respondents in the amount of $2,500, as against each appellant. The $2,500 represents the total costs award to all of the respondents against each appellant.
Released: December 19, 2017