Sweeny J.

Following a finding of oppression, the applicants sought costs of $46,000 for the oppression application and $3,900 for a related application.

The respondents argued that an award of costs was premature.

The court agreed with the respondents, finding that it was premature to order costs on the oppression application and the related application given outstanding issues.

No costs orders were made at this time.

The plaintiff sued the police for negligence, false arrest, assault, malicious prosecution, and Charter breaches arising from an incident at a house party.

The court found that the police officer assaulted the plaintiff without justification, falsely arrested him without reasonable and probable grounds, and maliciously prosecuted him for assaulting a peace officer.

The plaintiff was awarded general damages for assault, false arrest, and malicious prosecution, special damages for the cost of defending the criminal charge, and punitive damages, totaling $28,503.25.

The plaintiffs brought a motion to vary a timetable order that required the action to be set down for trial by October 31, 2016, failing which it would be dismissed.

The defendants opposed the motion, citing delay and non-compensable prejudice.

The court found that the delay was adequately explained by the voluminous video disclosure and log books that needed to be reviewed.

The court also found no non-compensable prejudice to the defendants.

The motion was granted, a new timetable was set, and the plaintiffs were ordered to pay $750 for the reproduction of digital video.