The appellant, a police officer, was criminally charged following an SIU investigation into a training exercise explosion.
After the charges were stayed, he sued his fellow officers and the police board for malicious prosecution and misfeasance in public office, alleging they intentionally misled the SIU.
The motion judge dismissed the claim, finding it was a workplace dispute governed exclusively by the collective agreement and the Police Services Act.
The Court of Appeal allowed the appeal, holding that the essential character of the claim involved an independent criminal investigation outside the workplace, and therefore the court's jurisdiction was not ousted.
