The plaintiffs, Lloyd Newton and the Estate of Donna Marion, brought an action against the Anishinabek Police Services and related defendants for damages arising from criminal charges laid against them, which were later withdrawn after restitution.
The claims included negligent investigation, malicious prosecution, and a variety of other torts.
The court granted summary judgment for the defendants, finding no genuine issue requiring a trial.
The judge held that most claims were not actionable by the plaintiffs, and that the criminal proceedings did not terminate in the plaintiffs’ favour, precluding claims for malicious prosecution and negligent investigation.
