Stephen Ross and Shane Marston Successful at Court of Appeal

The Ontario Court of Appeal released a decision today in the case of Leendertse v. Ontario, 2026 ONCA 629. Stephen Ross and Shane Marston of Rogers Partners LLP were counsel for the respondent.

The action arose out of an accident involving a police vehicle and a bicyclist. Our firm represented the defendant at trial, where the plaintiff sought personal injury damages and Charter damages. The action was dismissed: 2022 ONSC 6395.

On appeal, the plaintiff alleged trial unfairness, including on the basis that his lawyer was ill during the trial and the trial judge allegedly refused to grant an adjournment. He also challenged the trial judge’s finding that the police officers did not breach his Charter rights.

The Court of Appeal dismissed the appeal. Congratulations to Stephen and Shane on this successful result!