The plaintiff, a former Toronto police officer, sued the defendants for malicious prosecution, negligent investigation, misfeasance in public office, intentional infliction of emotional distress, and Charter breaches following his arrest and prosecution for corruption and other offences.
The criminal charges were ultimately stayed or withdrawn.
The court dismissed the action, finding that the plaintiff failed to prove the absence of reasonable and probable grounds for the charges, which was fatal to the malicious prosecution and negligent investigation claims.
The court also found no evidence of malice, deliberate unlawful conduct intended to harm, or conduct calculated to cause mental suffering.
The claim for Charter damages was also dismissed.
