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.
