Abby Deshman

This is a costs decision following a successful motion for summary judgment by the defendant in a malicious prosecution claim.

The court reviews the parties’ submissions on costs, the applicable legal framework, and the principle of proportionality.

Ultimately, the court fixes costs payable by the plaintiff to the defendant at $75,000 inclusive of HST, considering fairness, the nature of the offer to settle, and the context of the litigation.

The court granted summary judgment dismissing Adam Bullock’s claim for malicious prosecution against Jane Doe, arising from criminal charges of sexual assault that were later withdrawn.

The decision reviews the high threshold for establishing malicious prosecution, especially against private individuals, and finds that Doe’s conduct—while misleading in some respects—did not compromise the independence of the police investigation or the decision to lay charges.

The court concludes that there is no genuine issue requiring a trial on the first element of the test for malicious prosecution, and that the remaining elements would also not support Bullock’s claim.