The accused, charged with fraud and theft relating to real estate investments, brought an application to stay the proceedings as an abuse of process and subpoenaed Crown counsel and civil litigators.
The Crown brought a motion to summarily dismiss the abuse of process application on the basis that it had no reasonable prospect of success, and applications were brought to quash the subpoenas.
The court analyzed the six grounds of alleged abuse of process, including claims of compelled self-incrimination, improper coordination between civil and criminal proceedings, and lack of independent police investigation.
The court found all grounds to be speculative, factually misconceived, or legally unfounded.
Applying the Cody and Babos tests, the court summarily dismissed the abuse of process application and quashed the subpoenas.
