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The court assessed party-and-party costs after trial, awarding 327 tariff units and $29,666.73 in disbursements, subject to possible later adjustment.
The Court of Appeal dismissed Mr. Emond’s appeal arising from dog-bite injuries during arrest, upholding findings on liability, damages, and costs.
Although both defendants were convicted of criminal negligence causing death, the sentencing judge found their moral culpability did not require incarceration; weighing aggravating and mitigating factors (first-time offenders, lack of planning/deliberation, remorse, systemic training/resource issues) the court suspended sentence and imposed a three-year probation order with conditions (including 200 hours community service and counselling) to satisfy denunciation and general deterrence.
Source excerpt
The court struck an amended civil claim as prolix and improper, but allowed a further revised pleading with specific deletions and a filing deadline.
On a voir dire, the court held that Mr. Hampton’s statements to a senior RCMP officer were voluntary and not obtained in breach of Charter s. 10 rights.
The court granted leave to file a third party notice late, finding the proposed claims were not bound to fail and it was just and convenient to proceed.
The court dismissed the claim against Burns Lake, held most claims against RCMP officers were statute-barred, struck the sexual assault allegation, and allowed time to replead malicious prosecution.
The Supreme Court held that police must disclose relevant investigative misconduct records to the Crown, while other third-party records remain governed by the O’Connor production regime.
The Court of Appeal upheld a finding that a police pursuit in residential Surrey breached the standard of care and contributed to a fatal collision.
On costs after an unsuccessful fiduciary-duty claim, the Court held that costs follow the event and awarded costs to the defendant municipality.
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