Lawren Murray

The appellant appealed the dismissal of his motion under Rule 59.06 to set aside a previous decision dismissing his action for abuse of process.

He argued that under s. 31 of the Workplace Safety and Insurance Act, only the Appeals Tribunal could determine whether his right to maintain a lawsuit could be taken away.

The Court of Appeal dismissed the appeal, noting that the previous dismissal of his action was upheld on the alternate ground of abuse of process, as he had claimed compensation from the Board, was denied, and had a right of appeal under the Act which he had not pursued.

The court held he could not circumvent his statutory appeal right by suing in court.

The appellant commenced an action alleging the respondents conspired to falsely accuse him of fraud, while criminal proceedings against him for that fraud were ongoing.

The motion judge struck the claim, characterizing it as malicious prosecution lacking the essential element of a favourable determination in the criminal proceedings.

The Court of Appeal upheld the decision, finding that even if framed as conspiracy to injure, the claim could not proceed in the face of ongoing criminal proceedings.

The appeal was dismissed and the claim struck in its entirety.