Background:
Daniel Polischuk, an independent subcontractor, sued the City of Winnipeg after being banned from city work in 2017. Polischuk had worked for the City for years before being barred from the Water Department in April 2017, and subsequently banned from all city work in November 2017. These bans were based on allegations of dishonesty and theft, which Polischuk claimed were false and caused him significant financial harm.

Legal Issues:
Polischuk sought damages for misfeasance in public office, causing loss by unlawful means, and breach of procedural fairness. He argued that the bans were unjust, lacked proper investigation, and were based on false allegations. He also claimed the City’s process was flawed and violated natural justice.

Judgment:
After a three-week trial, the court found that while Polischuk failed to prove the legal claims, the City’s actions were unjust and the bans were unreasonable. The City acknowledged it would lift the second ban if found unjustified but later reneged, which the court condemned.

Costs Award:
Polischuk, despite losing the case, was awarded $100,000 in costs due to the City’s misconduct, including its failure to review the bans and its reneging on promises. The City, which sought $144,000 in costs, was denied any award due to its poor conduct throughout the litigation.