Rebecca Louise Bush

The plaintiffs sought an order for relief from the deemed undertaking rule to use a "Show Cause Brief" (a document obtained through discovery and a freedom of information request) in an existing complaint to the Office of the Independent Police Review Director (OIPRD) and a contemplated private criminal prosecution against two police officers not named as defendants in the civil action.

The defendants opposed, arguing a breach of the rule and potential prejudice.

The court found that the plaintiffs had breached the deemed undertaking rule but granted leave to use the Show Cause Brief, determining that the public interest in police accountability outweighed the diminished prejudice to the defendants, particularly given the public nature of the document and its availability through other means.

The plaintiff moved for an extension of the deadline to set the action down for trial, while the defendants brought a cross-motion to dismiss the action for delay.

The action, stemming from a 1998 arrest, had been stayed due to related criminal proceedings until 2017.

The court applied a contextual approach, considering the preference for merits-based decisions and timely resolution.

It found the plaintiff provided an adequate explanation for the delay, including the criminal proceedings and subsequent steps taken to gather evidence.

The court was not satisfied that the defendants demonstrated actual prejudice.

Consequently, the plaintiff's motion was granted, extending the deadline, and the defendants' cross-motion to dismiss for delay was dismissed.

Stephanie Becker, a 14-year-old, was severely injured by shattering glass at a community centre.

She sued the City of Toronto for negligence under the Occupiers’ Liability Act, alleging the glass in an office door was annealed glass, not the required tempered safety glass.

The court found the City breached its duty of care by installing annealed glass, which did not meet minimum building code standards.

The injury was found to be caused by this breach and was reasonably foreseeable given the public nature of the centre and minimal supervision.

Damages were settled, and the case proceeded on liability.

The defendants brought a joint motion to strike the plaintiff's Statement of Claim for failing to plead material facts to support the alleged causes of action, including breach of contract, negligence, public malfeasance, and intentional interference with economic relations.

The plaintiff, who was self-represented, also brought a cross-motion for an injunction.

The court found the Statement of Claim fundamentally deficient, lacking essential factual details.

Despite the deficiencies and prior warnings, the court struck the Statement of Claim but granted the plaintiff leave to amend within 30 days, acknowledging the plaintiff's self-represented status.

The plaintiff's motion for an injunction was dismissed as it failed to meet the requirements for injunctive relief.

Nominal costs were awarded against the plaintiff to two leading defendants.

The appellants appealed a summary judgment decision dismissing their claims against the Toronto Police Services Board.

The appellants argued that criminal proceedings were a nullity because the information was not properly vetted by the Justice of the Peace.

The Court of Appeal found this issue was irrelevant to the summary judgment motion.

The appellants failed to file evidence supporting their claim that police lacked reasonable and probable grounds and did not cross-examine the respondents' extensive material.

The motion judge correctly found the respondents met their onus.

The appeal was dismissed with costs awarded to the respondents.

This is a costs endorsement on appeal.

The appellant appealed an order from the Superior Court of Justice dated March 24, 2016.

The Court of Appeal, in accordance with the agreement of counsel, awarded costs to the respondents in the amount of $10,000, all inclusive.

The appellant appealed a summary judgment dismissing her civil action against the Toronto Police Services Board and Detective Constable Andrew MacPhail for wrongful arrest and negligent investigation.

The appellant had been charged with threatening death and intimidation in connection with threatening letters and harassing phone calls made to a school, but was ultimately acquitted at trial and required to enter into a Peace Bond.

The motion judge found that the police had reasonable and probable grounds to arrest and charge the appellant, and therefore granted summary judgment.

The Court of Appeal upheld the decision, finding that the motion judge properly applied the summary judgment test and that ample evidence supported the finding of reasonable and probable grounds.

The plaintiff's action against police defendants, alleging Charter breaches, negligent investigation, falsified evidence, and assault, was dismissed after a lengthy trial where the plaintiff failed to prove any allegations and was found to be an incredible witness.

The defendants, as the successful parties, sought partial indemnity costs.

The court, applying Rule 57.01 of the Rules of Civil Procedure, considered the seriousness of the plaintiff's unsubstantiated allegations and his conduct in forcing a lengthy trial.

The court awarded the defendants partial indemnity costs in the amount of $367,704.87, finding the request fair and reasonable.

This endorsement addresses costs following the successful dismissal of three separate actions against the Toronto Police Services Board and other defendants.

The defendants, having succeeded in their motions to dismiss, sought costs on a partial indemnity basis.

The court considered the principle of proportionality and the fact that two plaintiffs were self-represented, while one was represented by counsel who focused on relevant issues.

The court awarded a uniform amount of $10,000 in costs against each plaintiff, inclusive of disbursements and taxes, payable within 120 days.