Kivell v. Chatham-Kent Children’s Services, 2020 ONCA 180

Court File and Parties

COURT OF APPEAL FOR ONTARIO

DATE: 20200306 DOCKET: C67427

Tulloch, Benotto and Jamal JJ.A.

BETWEEN

Brian Kivell and Betty-Jo Kivell, Erica Kivell, Gracie Kivell, Sasha Kivell, Kaitlynn Kivell, Ezra Kivell and Sawyer Kivell by their Litigation Guardian, Betty-Jo Kivell

Plaintiffs (Appellants)

and

Chatham-Kent Children’s Services (Operated by The Children’s Aid Society of the Municipality of Chatham-Kent), Cristina Ruscica, Robin Rose, Chatham-Kent Police Services Board and Police Constable Gary Oriet

Defendants (Respondents)

Counsel: Raymond G. Colautti, for the appellants Sheila Handler, for the respondents

Heard and released orally: March 3, 2020

On appeal from the order of Justice Jonathon C. George of the Superior Court of Justice, dated August 15, 2019.

Reasons for Decision

[1] The motion judge’s conclusion that the officer had subjective reasonable and probable grounds to arrest is supported by the evidence and entitled to deference. The grounds were objectively reasonable.

[2] The allegation of negligent investigation is answered by the fact that – as stated by the motion judge – the appellant presented no expert evidence as to the standard of care to rebut the evidence filed by the police.

[3] This is one of those rare cases when summary judgment in favour of one defendant is appropriate in the context of the litigation as a whole.

[4] The appeal is dismissed. Costs are awarded to the respondents in the amount of $15,000 including HST and disbursements.

“M. Tulloch J.A.”

“M.L. Benotto J.A.”

“M. Jamal J.A.”