Court of Appeal for Ontario

Petgrave v. Ontario (Attorney General)

Date: 2000-11-21

Miguna Miguna, for the appellant/plaintiff.

(Court File No. C34712)

[1] By the Court: On all of the evidence before the court it is clear that the motions court judge could be satisfied that there was no genuine issue for trial respecting the elements of reasonable and probable grounds for the prosecution and malice. Specifically, there was no evidence which could support a findings of no reasonable or probable grounds or malice. Neither was there evidence indicating a genuine issue for trial with respect to the other causes of action alleged.

[2] The appeal is dismissed with costs.

Appeal dismissed.