Date: 19990913
Docket: A-199-99
Ottawa (Ontario), Monday, September 13, 1999.
CORAM: DÉCARY J.A.
ROBERTSON J.A.
SEXTON J.A.
BETWEEN:
OLYMPIA INTERIORS LTD.
- and -
MARY DAVID
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
JUDGMENT
The appeal is dismissed with costs.
"Robert Décary"
J.A.
| Heard at Ottawa (Ontario) on Thursday, September 9, 1999. |
| Judgment delivered at Ottawa (Ontario) on Monday, September 13, 1999. |
| REASONS FOR JUDGMENT OF THE COURT |
Date: 19990913
Docket: A-199-99
CORAM: DÉCARY J.A.
ROBERTSON J.A.
SEXTON J.A.
BETWEEN:
OLYMPIA INTERIORS LTD.
- and -
MARY DAVID
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
THE COURT
[1] The learned Trial Judge found that there was no evidence to establish liability of the respondent, for alleged tortious wrongs of malicious prosecution, misfeasance or abuse of authority, negligence, or conspiracy by servants of the respondent, and that there was no evidence to support a conclusion that rights protected under the Canadian Charter of Rights and Freedoms, claimed by the appellants in relation to sections 7, 8 11 and 15, were infringed by any action of the respondent's servants.
[2] The appellants have failed to identify any reviewable error in the comprehensive and thorough reasons of Mr. Justice MacKay.
[3] The appeal should therefore be dismissed. The respondent has asked for costs on a solicitor and client basis. We are of the view that the conduct of this appeal by the appellant was not such as to warrant an award of costs on a solicitor and client basis. Respondent will be entitled to ordinary costs assessed in accordance with column III of Tariff B.
"Robert Décary"
J.A.
"J.T. Robertson"
J.A.
"J. Edgar Sexton"
J.A.
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