Falguni Debnath

The defendants brought motions for security for costs against the plaintiff, who was suing for negligent investigation and malicious prosecution.

The plaintiff argued he was impecunious and that an order would deny him access to justice.

The court found the plaintiff was impecunious but that his claim was almost certain to fail because the underlying criminal proceedings did not terminate in his favour (he pleaded guilty to two charges).

The court ordered the plaintiff to post security for costs, but reduced the amount sought by the defendants to avoid blocking access to the courts, ordering $15,000 to each set of defendants payable in instalments.

The defendants, including the Thunder Bay Police Services Board and the Attorney General of Canada, brought a motion to transfer a civil action from Toronto to Thunder Bay.

The plaintiff opposed, citing concerns about a fair trial due to local family prominence, publicity, judicial conflicts, and financial hardship.

The court granted the transfer, finding that the interests of justice favored Thunder Bay because a substantial part of the events, damages, and subject matter were located there.

The court emphasized the local community's interest in allegations of police misconduct and the convenience for the majority of parties and witnesses residing in Thunder Bay.

The plaintiff's concerns about fairness and judicial bias were dismissed as speculative or manageable.