Date: 19980508
Docket: A-172-96
CORAM: STONE, J.A.
LINDEN, J.A.
ROBERTSON, J.A.
BETWEEN:
SHARON ROUNDS, CLARENCE ROUNDS, GLEN ROUNDS,
533253 ONTARIO LIMITED and LAKESIDE ELEVATORS
RETAIL LIMITED
Appellants
(Plaintiffs)
- and -
HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA
Respondent
(Defendant)
HEARD at Toronto, Ontario, Thursday, May 7, 1998
JUDGMENT delivered from the Bench at Toronto, Ontario, Thursday, May 7, 1998
REASONS FOR JUDGMENT BY:
LINDEN, J.A.
Date: 19980508
Docket: A-172-96
CORAM: STONE, J.A.
LINDEN, J.A.
ROBERTSON, J.A.
BETWEEN:
SHARON ROUNDS, CLARENCE ROUNDS, GLEN ROUNDS,
533253 ONTARIO LIMITED and LAKESIDE ELEVATORS
RETAIL LIMITED
Appellants
(Plaintiffs)
- and -
HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA
Respondent
(Defendant)
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on Thursday, May 7, 1998)
LINDEN, J.A.:
[1] Despite the forceful argument of Mr. Colautti and the unfortunate circumstances surrounding this case, we are not persuaded that the Trial Judge erred in reaching the conclusion he did.
[2] We are of the view that the principles enumerated in [1982] 1 S.C.R. 726">Ronald Elwyn Lister Ltd. v. Dunlop Canada Ltd. [1982] 1 S.C.R. 726, do not extend to cover the situation in cases such as this where there is no debt involved and where the property is not owned by the person subject to the seizure.
[3] We are also not convinced that there was a trespass nor any other tort committed here, save for the so-called "technical trespass" which the Crown conceded and which the Trial Judge found had been terminated by the demand which was made shortly thereafter. In the words of Chief Justice Dickson, "The validity of a search should not depend on the minor details of the actual physical process of execution". (See R. v. Strachan [1988] 2 S.R.C. 980, at p. 998). We have some doubt whether, in the light of the words of Mr. Justice Sopinka in R. v. Evans [1996] 1 S.C.R. 8 at p. 17, there was even a "technical trespass" committed, for as he pointed out, "the common law has long recognized an implied licence for all members of the public, including the police, to approach the door of a residence and knock". On the facts as found by the Trial Judge, the police officers acted in good faith and not unreasonably in the circumstances.
[4] There is no res judicata in relation to any of the circumstances or the criminal or other proceedings that have taken place in this matter. Any conclusions and statements in such proceedings, although certainly worthy of respect, are not binding on this Court. The standard of proof in criminal cases is quite different than it is in civil cases such as this one.
[5] The findings of fact in relation to causation of damage, which were made by the Trial Judge, are unimpeachable.
[6] This appeal will be dismissed without costs.
"A.M. Linden"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-172-96
| STYLE OF CAUSE: SHARON ROUNDS ET AL. |
- and -
DATE OF HEARING: MAY 7, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: LINDEN, J.A.
Delivered from the Bench at Toronto, Ontario
on Thursday, May 7, 1998
APPEARANCES:
Mr. Raymond G. Colautti
Mr. Joe Rochon
For the Appellants
Mr. Dale L. Yurka
For the Respondent
SOLICITORS OF RECORD:
Paroian, Raphael, Courey,
Cohen & Houston
2510 Ouellette Avenue
Windsor, Ontario
N8X 1L4
For the Appellants
George Thomson
Deputy Attorney General
of Canada
For the Respondents
Email this Content