Case information

Civil Procedure — Pleadings – Proceedings against the Crown — Applicant’s motion for leave pursuant to s. 17 of the Crown Liability and Proceedings Act dismissed — Respondents’ motion to strike the pleadings granted — Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7, Sched. 17, s. 17.

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The applicant faced criminal charges. After his arrest, the applicant was detained at the Maplehurst Correctional Complex until bail was granted. Following a break in the trial, the proceedings were resolved on the basis that the applicant entered into a peace bond, and the Crown withdrew the charges. The applicant subsequently brought a civil claim against various parties, including the Regional Municipality of Peel Police Services Board, the Maplehurst Correctional Complex, His Majesty the King and the Attorney General of Ontario (these last three defendants are collectively referred to as the “Crown”). The applicant alleges that the charges and prosecution against him were brought maliciously, in bad faith and negligently. He also claims that he was assaulted by another inmate while he was detained at the Maplehurst Correctional Complex. The applicant brought a motion under s. 17 of the Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7, Sched. 17, for permission to pursue a claim for malicious prosecution, misfeasance in public office and bad faith against the Crown. The motion judge dismissed the applicant’s motion for leave under s. 17 of the Crown Liability and Proceedings Act and granted the respondents’ motion to dismiss the action and strike the claim. The Court of Appeal dismissed the appeal.