



COURT OF APPEAL FOR ONTARIO

CITATION: Kivell v. Chatham-Kent Childrens
    Services, 2020 ONCA 180

DATE: 20200306

DOCKET: C67427

Tulloch, Benotto and Jamal JJ.A.

BETWEEN

Brian
    Kivell and Betty-Jo Kivell, Erica Kivell, Gracie Kivell, Sasha Kivell, Kaitlynn
    Kivell, Ezra Kivell and Sawyer Kivell by their Litigation Guardian, Betty-Jo
    Kivell

Plaintiffs (Appellants)

and

Chatham-Kent Childrens Services
    (Operated by The Childrens Aid Society of the Municipality of Chatham-Kent),
    Cristina Ruscica, Robin Rose, Chatham-Kent Police Services Board and Police
    Constable Gary Oriet

Defendants (Respondents)

Raymond G. Colautti, for the appellants

Sheila Handler, for the respondents

Heard and released orally: March 3, 2020

On
    appeal from the order of Justice Jonathon C. George of the Superior Court of
    Justice, dated August 15, 2019.

REASONS FOR DECISION

[1]

The motion judges conclusion that the officer
    had subjective reasonable and probable grounds to arrest is supported by the
    evidence and entitled to deference. The grounds were objectively reasonable.

[2]

The allegation of negligent investigation is
    answered by the fact that  as stated by the motion judge  the appellant
    presented no expert evidence as to the standard of care to rebut the evidence
    filed by the police.

[3]

This is one of those rare cases when summary
    judgment in favour of one defendant is appropriate in the context of the
    litigation as a whole.

[4]

The appeal is dismissed. Costs are awarded to
    the respondents in the amount of $15,000 including HST and disbursements.

M.
    Tulloch J.A.

M.L.
    Benotto J.A.

M.
    Jamal J.A.


