The self-represented plaintiff brought a motion for leave to continue his action against his former defence counsel, a Crown attorney, and the Attorney General, alleging conspiracy and malicious prosecution arising from his 2014 arrest and subsequent criminal proceedings.
The defendants brought cross-motions to set aside being noted in default.
The court lifted the defaults on consent.
The court dismissed the plaintiff's motion for leave under section 17 of the Crown Liability and Proceedings Act, finding the action was likely statute-barred and there was no reasonable possibility the claims could succeed, as the evidence demonstrated good faith by the Crown and effective representation by defence counsel.
