The plaintiff, previously declared a vexatious litigant, brought a motion seeking retroactive leave under s. 140(4) of the Courts of Justice Act to commence and continue an action against the police board and several officers for false arrest and related claims.
The court reviewed the plaintiff's history of litigation against the police and the evidence provided in support of the current claim.
The court found that while the proceeding was not an abuse of process, the plaintiff failed to meet the onus of showing reasonable grounds for the proceeding, as he provided only a bald affidavit adopting the statement of claim and failed to refute police disclosure records indicating he was intoxicated and caused a disturbance.
The motion for leave was dismissed.
