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The court struck the notice of civil claim without leave to amend because it failed to plead concise material facts, instead mixing evidence, argument, and irrelevant material.
The appeal was dismissed because the appellant failed to show state conduct that met the narrow residual abuse of process threshold: there was no deliberate nondisclosure or destruction of material evidence, the trial was fair, the LPS transferred carriage to the OPP before charges, and the involvement of the LPS did not, on the facts, create an institutional conflict so egregious as to undermine the integrity of the justice system.
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The Court of Appeal upheld the Divisional Court: the HRTO Vice-Chair's Interim and Reconsideration Decisions were unreasonable because she failed to consider the full factual matrix (notably the contemporaneous Form 25 and surrounding circumstances) when interpreting the Minutes of Settlement; given the inordinate delay, lack of special HRTO expertise on contract interpretation, and that the issue was binary and could be decided on the record, the Divisional Court appropriately substituted its decision rather than remitting the matter.
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The court found RCMP officers used excessive force against Michael Lenard McLellan during a 2010 schoolyard incident and awarded damages against the Minister.
The Court of Appeal dismissed Reza Moazami’s appeal and refused fresh evidence based on police misconduct and ineffective assistance claims.
The court dismissed a limitation-based strike and summary dismissal application, finding the plaintiff’s discoverability claim raised a triable issue under the Limitation Act.
The Court of Appeal dismissed Mr. Orr’s application for further disclosure about a police officer’s later misconduct investigation, finding no reasonable possibility it would assist his appeal.
The court found the Fallofield prerequisites for a discharge were not met and that a discharge would be contrary to the public interest given the gratuitous and unjustified use of force by a police officer on a vulnerable person; the offence constituted an abuse of public trust requiring denunciation and general deterrence. Balancing aggravating and mitigating factors, the judge imposed a custodial sentence of three months, a 10-year s.109 firearms prohibition, a primary DNA order, and 12 months probation with conditions for anger management and no contact with the victim.
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The Court of Appeal dismissed an application to extend time to seek leave to appeal an assault conviction, finding no evidence of a miscarriage of justice tied to police misconduct.
The Commissioner's decision finding the complaints to be without merit was unreasonable and procedurally unfair because the investigation was not sufficiently thorough or neutral: key witnesses identified by the applicant were not effectively pursued, the Commissioner lacked material necessary to assess whether detention for breach of the peace was justified, and the Commissioner failed to afford the procedural protections required at a medium level of fairness; the decision is set aside and remitted for further investigation.
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