T. C. Marshall

Class counsel brought a motion to quash appeals filed by the defendants and intervenors from an order approving class counsel fees under s. 32 of the Class Proceedings Act, 1992.

The Court of Appeal held that the appellants had no standing to appeal because they were not parties to the fee agreements, the settlement agreement did not reserve their rights to participate in fixing fees, and their rights were not affected by the fee approval order.

The appeals were quashed.

The appellant was charged with the murder of four infants and discharged at the preliminary inquiry.

She sued the Crown, the Attorney General, and police officers for malicious prosecution.

The respondents moved to strike the claim on the basis of absolute prosecutorial immunity.

The Supreme Court of Canada held that while the Crown itself enjoys absolute immunity under the Proceedings Against the Crown Act, the Attorney General and Crown Attorneys do not enjoy absolute immunity at common law from suits for malicious prosecution.

The Court found that public policy does not justify absolute immunity where a prosecutor acts maliciously in fraud of their duties.