Garrett v. Toronto Police Services Board
The motion judge found the plaintiff failed to demonstrate bad faith, mala fides or recklessness by the Commissioner or his investigator; that finding disposed of the action and the Court of Appeal dismissed the appeal and affirmed the dismissal on the merits.
Source-derived case information.
- Citation
- C44515
- Parties
- Appellant: Jesse Garrett; Respondent: Toronto Police Services Board; Respondent: Christopher Fernandez; Respondent: Thomas Dalziel; Respondent: Julian Fantino; Respondent: David Boothby; Respondent: Brian C. Pitkin; Respondent: Gerald S. Lapkin
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 24 May 2006
- Procedural Posture
- Civil / Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Bad Faith, Mala Fides, Recklessness, Dismissal on Merits, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jesse Garrett
Appellant
Toronto Police Services Board
Respondent
Christopher Fernandez
Respondent
Thomas Dalziel
Respondent
Julian Fantino
Respondent
David Boothby
Respondent
Brian C. Pitkin
Respondent
Gerald S. Lapkin
Respondent
Procedural Posture
Civil / Appeal
Legal Issues
- 1 Whether the plaintiff established bad faith, mala fides or recklessness by the Commissioner or his investigator
- 2 Whether the motion judge properly dismissed the action on the merits
- 3 Whether costs should be awarded and in what amount
Ratio Decidendi
The motion judge found the plaintiff failed to demonstrate bad faith, mala fides or recklessness by the Commissioner or his investigator; that finding disposed of the action and the Court of Appeal dismissed the appeal and affirmed the dismissal on the merits.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs fixed at $3,000.00
Full Case Text
Judgment text and source record
1 paragraphs
Garrett v. Toronto Police Services Board Collection Decisions of the Court of Appeal Date 2006-05-24 Docket numbers C44515 Judges Labrosse, Jean-Marc; Moldaver, Michael James; Feldman, Kathryn N. Subject Civil Decision Content DATE: 20060523 DOCKET: C44515 COURT OF APPEAL FOR ONTARIO RE: JESSE GARRETT (Appellant) –and- TORONTO POLICE SERVICES BOARD, CHRISTOPHER FERNANDEZ, THOMAS DALZIEL, JULIAN FANTINO, DAVID BOOTHBY, BRIAN C. PITKIN and GERALD S. LAPKIN (Respondents) BEFORE: LABROSSE, MOLDAVER AND FELDMAN JJ.A. COUNSEL: Ian A. Wilson for the appellant Sara Blake for the respondent HEARD & ENDORSED: May 18, 2006 On appeal from the judgment of Justice Hugh R. McLean of the Superior Court of Justice, dated October 27, 2005 made at Peterborough, Ontario. APPEAL BOOK ENDORSEMENT [1] The motion judge found that on the facts, the plaintiff had not been able to show any bad faith, mala fides or recklessness on the part of the Commissioner or his investigator. The action was dismissed on the merits. This is dispositive of this appeal. [2] The appeal is dismissed with costs fixed at $3,000.00.