DATE: 20030505

DOCKET: C38747

COURT OF APPEAL FOR ONTARIO

RE: SUSAN ANNA HUNTER (Appellant/Plaintiff) – and – BEV BRAVENER, PEEL REGIONAL POLICE SERVICES, FRANK FAVERI and ONTARIO MINISTRY OF THE ATTORNEY GENERAL (Defendants/Respondents)

BEFORE: CARTHY, ROSENBERG and CRONK JJ.A.

COUNSEL: Susan Anna Hunter, for herself James Wesley Smith, for the respondents, Frank Faveri and Ontario Ministry of the Attorney General Michael G. Kyne, for the respondents, Bev Bravener and Peel Regional Police Services

HEARD: April 30, 2003

On appeal from the order of Justice L. Snowie of the Superior Court of Justice dated August 1, 2002.

E N D O R S E M E N T

Released Orally: April 30, 2003

[1] The appellant appeals the decision of the motions judge striking out her statement of claim under rule 21.01 1(b) of the Rules of Civil Procedure as disclosing no reasonable cause of action against any of the respondents.

[2] In her pleading, the appellant advances several claims against the respondents, including malicious prosecution, conspiracy, improper prosecutorial and police conduct (presumably amounting to abuse of process or public office), perjury and obstruction of justice. Although the motions judge referred in her decision to evidence regarding the trial proceedings against the appellant, our review is confined strictly to the appellant’s pleading.

[3] We agree with the conclusion by the motions judge that the pleading contains several fatal deficiencies. First, and most importantly, it fails to set out all of the necessary elements of the asserted claims of malicious prosecution and conspiracy.

[4] Second, it also fails to set out material facts sufficient to support the asserted causes of action.

[5] Third, many of the allegations in the pleading are simply conjecture, assumptions or speculation unsupported by material facts. In other instances, mere conclusions of law are asserted.

[6] Accordingly, in our view, there is no basis upon which to interfere with the motions judge’s decision, and the appeal is dismissed. The respondents are entitled to their costs of the appeal on a partial indemnity basis fixed in the amount of $2,000 in connection with Frank Faveri and the Ontario Ministry of the Attorney General, and the further amount of $2,000 in connection with Bev Bravener and Peel Regional Police Services, inclusive of disbursements and Goods and Services Tax.

“J.J. Carthy J.A.”

“M. Rosenberg J.A.”

“E.A. Cronk J.A.”