T. Heeney

The plaintiffs owned a property that was intentionally set on fire by a tenant, resulting in severe injuries to occupants.

The police and fire marshal investigated and concluded the property was an illegal rooming house with multiple Fire Code violations that contributed to the spread of the fire.

The plaintiffs were charged with arson by negligence under s. 436 of the Criminal Code, but were discharged at the preliminary inquiry.

They subsequently sued the investigating police officer, fire marshal investigators, and their municipal employers for malicious prosecution, abuse of process, negligent investigation, and Charter breaches.

The Superior Court dismissed the action in its entirety, finding no evidence of malice or bad faith, and concluding that the investigating officer had reasonable and probable grounds to lay the charges based on the evidence gathered.

The applicant sought an order discharging a transformer easement registered on its property in 1965 in favour of the Crown, which was ancillary to an approach lighting easement for the Windsor Airport.

The applicant argued the easement had been abandoned or had expired by its terms.

The court found that while abandonment was not proven, the easement had expired by its own terms because technological advances, including GPS navigation and self-contained transformers in modern approach lights, rendered the stand-alone transformer obsolete.

The court ordered the easement discharged.