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The Ontario Court of Appeal upheld summary dismissal of Linda Ellacott’s action, finding police disclosure to a parole officer was authorized, made in good faith, and did not create liability.
Court refused to dismiss for want of prosecution, allowed substitution of named police officers, and permitted a further amended claim subject to pleading limits.
The court dismissed a consumer dispute against a car dealership and an RCMP member, found the dealership claims belonged in the Motor Dealer Customer Compensation Fund, and struck one defendant by consent.
The court held the City of Vancouver generally had no possession, control, or power over VPD records for Rule 7-1 disclosure, but must amend its list to reflect certain admissions.
It was plain and obvious that no private law duty of care was owed by Constable Gatien or the City of Nepean to the plaintiffs for Gatien's alleged post‑death investigatory omissions because the plaintiffs had no legal interest in the investigation or prosecution, the alleged acts occurred after the death and could not have caused it, and police investigative duties are public in nature; therefore the statement of claim as to Gatien and Nepean disclosed no reasonable cause of action and was properly struck under R.21.01.
Source excerpt
The court apportioned liability 80% to the plaintiff and 20% to the defendant after an emergency police vehicle collided with her car at an intersection.
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