The appellant appealed an order dismissing a defamation and malicious prosecution action arising from workplace harassment complaints made by co-employees in federal corrections.
The motion judge had held that s. 9 of the Crown Liability and Proceedings Act barred the action because the appellant had received disability pensions funded from public sources.
The Court of Appeal held the record did not permit a finding that the respondents acted within the scope of their employment, particularly given allegations of malice that had to be assumed true on a Rule 21 motion.
It further held that s. 9 does not immunize Crown servants without regard to the capacity in which they acted.
The appeal was allowed and the dismissal order was set aside.