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TRILLIUM REPORT 2009 [Abstract]
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TRILLIUM REPORT 2009 [Abstract]

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TRILLIUM REPORT 2009 Report Of The Trillium Report On The Consolidated Case Series and Compensation. Abstract by Rosemary DeCaires

TRILLIUM REPORT 2009 Report Of The Trillium Report On The Consolidated Case Series and Compensation. Abstract by Rosemary DeCaires

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  • 1. Released: June 10 2009 ROSEMARY N. DE CAIRES Total Pages: 20 ROSEMARYDECAIRES//PROFESSIONALCORPORATION//01062009.1 SUMMARY REVISED § CIVIL — Civil Motion – Peel regional officers involved in unlawful detainment – Actions brought by estate and victim survivor – Statement of claim shows misfeasance in public office – against the Chief of Peel Region – professional negligence involving the province in the right of Ontario – Actions based on failure of officers to co- operate in SIU Investigation – Investigation led by the Ontario Ministry of the Solicitor General – Question portions of statement of claim could be struck out as disclosing no reasonable cause of action – Ontario Rules of Civil Procedure R.R.O. 1990, Reg 194 r. 21. 01(1)(b) and Rule 7 struck out of proceeding. § TORT — Tort of misfeasance in public office – Victim chemically restrained upon arrest – John Doe and Jane Doe involved in strip search using chemical restraints not complying with statutory duty to co-operate with SIU investigation – victim survivor brings actions in misfeasance in public office involving search warrants for arrest Ms. 'X' – Question tort of misfeasance in public office can arise from misconduct involving breaches of statutory duty – Question tort limited to unlawful exercise of statutory of prerogative powers in the right of Ontario. § DUTY — Tort in professional negligence – Duty of care – victim labeled Ms. 'X ' – Victim reported a missing, homeless person – unlawful detainment under the Mental Health Act, R.S.O., 1990, not complying with statutory duty to cooperate with SIU investigation – action for professional negligence and province of Ontario – Question duty of care to ensure co-operation with SIU investigation led by the Ontario Ministry of the Solicitor General in the right of Ontario. § COSTS — Plaintiff submits she was then a student registered in a post-secondary institution in Ontario. Actions involving public authorities and raising issues of public interest insufficient to alter essential nature of litigation – Plaintiff fully within definition of post-graduate student – No clear and compelling reasons to interfere with the court's decision to award costs in accordance with Rule 7 of the Ontario Rules of Civil Procedure, R.R.O. 1990, Reg. 194.

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