Joseph W. Irving

The appellants appealed an order striking out their statement of claim without leave to amend.

The claim alleged conspiracy to injure and abuse of process by the police and government defendants in relation to an investigation targeting the adult entertainment industry.

The Court of Appeal allowed the appeal, finding the motion judge took an overly technical approach and that the material facts pleaded were reasonably capable of supporting the causes of action.

The appellant appealed his conviction, arguing that the activity in the VIP room of his business did not exceed the community standard of tolerance and that the trial judge erred in his assessment of the evidence.

The Court of Appeal dismissed the appeal, finding that the activity resembled that in R. v. Mara and East, and it was open to the trial judge to find it exceeded the community standard of tolerance.

The court also found the appellant was actively involved in the day-to-day management and the conviction was supported by the evidence.