2 total
Statement of claim for malicious prosecution struck with leave to amend; early Crown disclosure ordered.
The plaintiff sued the Attorney General of Ontario for malicious prosecution after a sexual assault charge against him was stayed.
The defendant moved to strike the amended statement of claim for failing to plead sufficient material facts, particularly regarding malice and the absence of reasonable and probable cause.
The plaintiff brought a cross-motion for early documentary discovery, arguing he needed the Crown's file to properly plead his case.
The court struck the statement of claim but granted the plaintiff leave to amend.
The court also ordered the defendant to provide limited early disclosure of the Crown's file to allow the plaintiff to rectify the deficiencies in his pleading.
Leave to appeal denied; OMB correctly interpreted Growth Plan as limiting rural residential development.
The applicants sought leave to appeal an Ontario Municipal Board decision that set aside official plan amendments intended to permit estate residential development in rural areas.
The Board found the amendments did not conform to the provincial Growth Plan, which directs new multiple lots to settlement areas.
The Divisional Court denied leave to appeal, finding no reason to doubt the correctness of the Board's interpretation that the policy limits residential development in rural areas to three or fewer units.
