The court considered a motion for summary judgment in a civil action arising from a criminal prosecution for fraud against Anthony Falasca.
The plaintiffs alleged malicious prosecution, negligent investigation, misfeasance, failure to withdraw the charge, and abuse of process.
The court found that the claims relating to the criminal prosecution, including abuse of process, were statute-barred under the Limitations Act, 2002, as the action was commenced after the expiry of the limitation period.
The court declined to consider the separate abuse of process claim relating to a bankruptcy proceeding, as it was not properly before the court on this motion.
The decision provides a detailed analysis of discoverability and the application of limitation periods in prosecutorial torts.
