Zahra Vaid

The decision addresses a dispute over a jury verdict in a civil action brought by Andrew Sanayhie against the Durham Regional Police Services Board and two officers.

The plaintiff alleged wrongful arrest, excessive force, and malicious prosecution.

The jury's initial verdict was inconsistent, awarding damages for malicious prosecution despite finding no malice.

The court sent the jury back for clarification, and the second verdict found malice and again awarded damages.

The court held that it was appropriate to seek clarification from the jury before discharge, dismissed the defendants’ motion for judgment in their favour, and entered judgment for the plaintiff on malicious prosecution and legal expenses.

The court considered whether a key police witness, Officer Jonathan Hood, should be permitted to testify virtually due to psychological health concerns.

The plaintiff objected, arguing in-person testimony was necessary for the jury to assess credibility and demeanor.

The court reviewed the relevant Rules of Civil Procedure and expert evidence from Dr. Christine Hansen, ultimately concluding that the balance of convenience favoured allowing virtual testimony in light of Officer Hood’s diagnosed PTSD and related conditions.

The moving parties sought to review and set aside a chambers judge's order that dismissed their motion for an extension of time to review a previous order.

This previous order had also dismissed a motion for an extension of time to seek leave to appeal an action that was originally dismissed for delay.

The Court of Appeal, applying the standard of review for a panel review of a chambers judge's decision under s. 7(5) of the Courts of Justice Act, found no legal error or misapprehension of evidence by the chambers judge.

The court concluded that the request for an extension of time was properly denied at each stage and dismissed the motion.

This motion concerned compelling answers to undertakings and refusals given on examinations for discovery in a medical malpractice action.

The plaintiffs alleged negligent treatment of Yasmeen Mukhtiar following a C-section, leading to paralysis and a diagnosis of conversion disorder.

The court reviewed the scope of discovery, the relevance of questions, and the principles governing hypothetical questions in medical malpractice cases.

It also considered the role and responsibilities of the Most Responsible Physician (MRP) in a multidisciplinary team.

The Master largely granted the plaintiffs' requests, ordering many of the defendant physicians to provide further answers and documents.