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The court declined to apply civil cause of action estoppel to criminal proceedings and found no abuse of process in cross-provincial case splitting.
The defendant, T.G., brought an application seeking a discharge on all counts based on cause of action estoppel or, alternatively, a stay of proceedings for abuse of process.
The charges involved sexual assault, sexual interference, and invitation to sexual touching against his step-daughter, with alleged incidents occurring in both York Region (Ontario) and Winnipeg (Manitoba).
T.G. argued that the charges should have been combined and prosecuted in one province, and that the bifurcation deprived him of a global resolution.
The court dismissed the application, holding that the civil doctrine of cause of action estoppel does not apply in criminal law, where the comparable doctrine is double jeopardy.
Furthermore, the court found that while the police conduct in delaying the York Region charges was "far from ideal" it did not constitute an abuse of process warranting a stay, as there was no evidence of improper purpose or vindictiveness.
