Terry Marshall

The appellant appealed the dismissal of his claims for malicious prosecution and negligent investigation against the police and the Crown.

The trial judge found that the police had reasonable and probable grounds to lay charges related to an illegal firearms transaction, despite minor discrepancies in descriptions and a late-disclosed alibi.

The Court of Appeal upheld the trial judge's findings, noting that the discrepancies were matters for a trier of fact and did not undermine the existence of reasonable and probable grounds.

The appeal was dismissed with costs.

The appellant municipalities appealed a trial judgment finding them liable for a pedestrian's injuries caused by a depression exceeding two inches on a commercial street corner.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the state of repair and inspection system were inadequate.

The court also found the trial judge's reasons were adequate for appellate review and refused the respondents' cross-appeal on costs.

The appellants, Ferri and Mammoliti, were charged with extortion and theft after removing and demanding payment for the return of approximately 2,000 boxes of bank records from a building Ferri had purchased from the Toronto-Dominion Bank.

After the criminal charges were withdrawn or quashed, the appellants sued the police and Crown attorneys for malicious prosecution, false arrest, negligence, and Charter breaches.

The motion judge granted summary judgment dismissing all claims.

The Court of Appeal allowed the appeal in part, finding that genuine issues for trial existed regarding whether the police and Crown had reasonable and probable cause to prosecute and whether they acted with malice.

The dismissal of the false arrest and imprisonment claims was upheld as statute-barred.

The plaintiff was injured in a motorcycle collision at an intersection and alleged the accident was caused by overgrown brush obscuring a stop sign.

The intersection had been transferred from the Regional Municipality to the City 108 days prior to the accident.

The Region successfully moved for summary judgment on the basis that the transfer of jurisdiction completely extinguished its liability for non-repair.

The Court of Appeal allowed the appeal, holding that the transfer of the road did not instantly absolve the Region of potential liability for prior negligence in maintaining the road, and that factual issues regarding the City's opportunity to inspect and repair required a trial.