C. Lougheed

The self-represented plaintiffs in a malicious prosecution action brought a motion to dismiss or stay a related Provincial Offences Act property standards prosecution, alleging it was an abuse of process and a SLAPP proceeding.

They also sought permanent restraining orders against the municipal defendants.

The court dismissed the motion, finding that the request for a stay was res judicata as it had been previously dismissed by another judge.

The request for permanent restraining orders was also dismissed because such relief requires a full adjudication of rights and was not pleaded in the statement of claim.

The plaintiff brought an action for malicious prosecution, negligent investigation, and breaches of sections 7 and 15 of the Charter against the defendant police services board and individual officers.

The claims arose from the plaintiff's arrest and detention for domestic assault and uttering death threats.

The plaintiff alleged that the police failed to properly investigate by not seeking his version of events and discriminated against him based on race and gender, noting that his spouse was not ultimately prosecuted despite admitting to striking him first.

The Superior Court of Justice dismissed the action, finding that the police had reasonable and probable grounds to arrest and charge the plaintiff.

The court held that the police's failure to interview the plaintiff was dictated by his Charter rights to silence and counsel, and that the different treatment of the parties was based on the evidence of the plaintiff's escalating violence, not discriminatory motives.