Paul Shapiro

The plaintiffs sought leave to appeal a costs order of $12,500 awarded to the defendants after the plaintiffs discontinued their action.

The plaintiffs argued that the parties had agreed to a discontinuance without costs and that the motion judge failed to address this agreement in his reasons.

The Divisional Court found that the evidence did not support the existence of such an agreement, as the defendants' offer was conditional on a similar agreement with another defendant, which was never reached.

The motion for leave to appeal was dismissed.

The police stopped a car for speeding and, after the driver could not produce documentation, conducted a computer check.

While waiting, the officer questioned the passenger and noticed garbage bags full of new clothing with price tags in the back seat and trunk.

The driver and passenger were charged with possession of stolen property.

The Supreme Court of Canada held that the passenger had no reasonable expectation of privacy in the vehicle or the bags.

Although the search violated the driver's section 8 Charter rights, the evidence was admitted under section 24(2) because the breach was minimal, the evidence was reliable, and its exclusion would bring the administration of justice into disrepute.

The complainant, an observant Jewish employee, alleged discrimination on the basis of creed because she was required to use vacation time, lieu time, or unpaid leave to observe Jewish holy days.

The employer rejected her proposal to make up the time by working overtime, arguing that not all employees had overtime available.

The Board of Inquiry found that while the employer's holiday schedule was secular and not directly discriminatory, it had an adverse effect on the complainant.

The Board held that the employer failed in its duty to accommodate, as it did not establish that the proposed accommodation would cause undue hardship.

However, no damages were awarded because the complainant suffered no monetary loss and bad faith was not established.