The plaintiff, severely injured in a correctional facility assault, sought leave to amend his statement of claim to identify anonymous correctional officers and lift a statutory stay to pursue claims against them, alleging bad faith.
The court denied leave to add the officers, finding no reasonable prospect of success on the bad faith claim.
While the plaintiff demonstrated good faith in bringing the action, the officers' actions, though negligent, did not meet the high threshold for bad faith, which requires intent or conscious wrongdoing.
The court also denied leave to include a breach of fiduciary duty claim against the individual officers, as the Crown generally owes no fiduciary duty to inmates, and no personal duty was pleaded.
Leave was granted for a minor amendment to plead specific conduct from an investigation report.
