Schabas J.

The defendants appealed a motion judge's decision refusing to strike the plaintiff's amended statement of claim against the Chief of Police and the Police Services Board.

The plaintiff alleged he was brutally beaten by police officers and claimed the Chief and Board were liable for negligent training, supervision, and systemic issues.

The Divisional Court allowed the appeal in part, striking the allegations against the Board relating to day-to-day operational functions, as the Board's statutory duty is limited to policy.

The court also struck irrelevant after-the-fact allegations but upheld the claims against the Chief and the policy-related claims against the Board.

The self-represented applicants brought a motion to vary or set aside an order quashing their application for judicial review.

The underlying application sought mandamus to compel the Chief Medical Officer of Health to act regarding pediatric COVID-19 vaccines.

The Divisional Court dismissed the motion, finding no error of law or palpable and overriding error of fact in the motion judge's conclusions that the applicants failed to plead the necessary statutory conditions precedent and that mandamus is not available to compel the exercise of discretion in a particular way.

Costs of $5,000 were awarded to the respondent.