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Canada decisions
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The Federal Court found a correctional officer used unjustified force against Kelsey Stewart, causing facial injuries. It awarded $50,000 for battery and $15,000 for Charter vindication.
The Tribunal dismissed a CHRA complaint against the RCMP, finding the officers who reported the matter were municipal police seconded to CFSEU-BC, not RCMP members or agents.
The Ontario Court of Appeal dismissed an appeal from summary judgment in a dog-bite case, finding no agency basis for vicarious liability and no statutory owner liability.
On liability in a motor vehicle collision case, the court found Monson negligently sideswiped the Honda and held H&R Transport vicariously liable. The third party, Thapar, was not at fault.
The Ontario Court of Appeal largely upheld a Rule 21 motion to strike, but allowed Lucia Derenzis leave to amend her breach of good faith claim against Gore Mutual Insurance Company.
The Court of Appeal upheld the striking of a statement of claim as vexatious and an abuse of process, and dismissed the appeal with costs.
The British Columbia Court of Appeal summarily dismissed an appeal because the claim was statute-barred, and it agreed there was no private law duty for police to investigate.
Leave to appeal from case planning conference orders was denied, and the no-fee application was also dismissed, because the proposed appeal lacked merit and would delay trial.
The court partly granted leave to amend a civil claim in defamation and vicarious liability, but struck most new causes of action and dismissed the Diocese for lack of capacity.
The court set three related sexual abuse liability trials to be heard at the same time, while leaving admissibility of similar fact evidence to the trial judge.
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