The appellant brought a civil claim for damages arising from an acquitted first degree murder prosecution, alleging malicious prosecution by the provincial Attorney General.
The majority held that the exceptional threshold for lifting prosecutorial immunity was met because the prosecution lacked reasonable and probable cause and was motivated by an improper purpose arising from the mixing of public prosecutorial functions with private interests tied to related defamation litigation.
The Court found the identification evidence flagrantly inadequate, the surreptitiously recorded conversation likely inadmissible and devoid of probative value, and the prosecutorial conduct inconsistent with the Crown’s role as minister of justice.
The appeal was allowed, the Court of Appeal judgment was set aside, and the trial judgments on liability and damages were restored.
