Symington v. Halifax (Regional Municipality)

Symington v. Halifax (Regional Municipality)

The Nova Scotia Court of Appeal had limited the plaintiff to a malicious prosecution cause of action; on the defendants' summary judgment and strike applications the court found the pleadings and affidavit evidence inadequate to establish initiation of proceedings, absence of reasonable and probable cause, or malice by the investigating officers; the investigation and obtaining of search warrants were reasonable in the circumstances and there was no genuine issue for trial, therefore the plaintiff's pleadings were struck and the claim dismissed.

Citation
2011 NSSC 474
Parties
Plaintiff/respondent: James Symington; Defendant/applicant: Halifax Regional Municipality; Defendant/applicant: Halifax Regional Police Service
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 December 2011
Procedural Posture
Civil Tort (malicious Prosecution, Related Torts) / Application for Summary Judgment and Motion to Strike Pleadings (post‑appeal)
Outcome
Defendants' application granted; plaintiff's pleadings struck/dismissed for failure to disclose a sustainable cause of action and no genuine issue for trial on malicious prosecution claim
Legal Topics
Malicious Prosecution, Malicious Procurement of Search Warrant, Summary Judgment on Pleadings and on Evidence, Abuse of Process, Jurisdictional Limits of Collective Agreements
Source Language
English
Civil Procedure Tort Law Employment/collective Bargaining Police Law Criminal Procedure Malicious Prosecution Malicious Procurement of Search Warrant Summary Judgment on Pleadings and on Evidence +2 more

Case Brief

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Parties

James Symington

Plaintiff/respondent

Halifax Regional Municipality

Defendant/applicant

Halifax Regional Police Service

Defendant/applicant

Procedural Posture

Civil Tort (malicious Prosecution, Related Torts) / Application for Summary Judgment and Motion to Strike Pleadings (post‑appeal)

Legal Issues

  1. 1 Whether the Court retained jurisdiction to hear tort claims given the collective agreement and Police Act
  2. 2 Scope of Court of Appeal decision limiting claims to malicious prosecution/abuse of process
  3. 3 Whether defendants 'initiated' criminal proceedings

Ratio Decidendi

The Nova Scotia Court of Appeal had limited the plaintiff to a malicious prosecution cause of action; on the defendants' summary judgment and strike applications the court found the pleadings and affidavit evidence inadequate to establish initiation of proceedings, absence of reasonable and probable cause, or malice by the investigating officers; the investigation and obtaining of search warrants were reasonable in the circumstances and there was no genuine issue for trial, therefore the plaintiff's pleadings were struck and the claim dismissed.

Court Disposition

Defendants' application granted; plaintiff's pleadings struck/dismissed for failure to disclose a sustainable cause of action and no genuine issue for trial on malicious prosecution claim

Orders

  • Strike paragraphs 27, 33, 34, 36, 37, 68 and the second sentence of paragraph 92 of the 2nd amended statement of claim (malicious prosecution for discipline)
  • Strike paragraphs 78 and 90 (defamation)