Reynen v. Canada
A-651-93
Marceau J.A.
1/6/95
3 pp.
Appeal from Motions Judge's order ((1993), 70 F.T.R. 158 (F.C.T.D.)) allowing in part motion to strike out statement of claim -- Statement of claim showing cause of action as regards conduct of Attorney General or agents -- To succeed in action for wrongful prosecution against Attorney General or Crown attorneys, plaintiff must prove not only absence of reasonable and probable cause in commencing prosecution, but also malice that is deliberate and improper use of authority and powers-Motions Judge wrong in striking claims of negligence against officers of Canada Customs and RCMP -- Not plain and obvious action cannot succeed -- Claims of negligence allowed to remain in paragraphs 14, 15 of statement of claim -- Appeal allowed so as to leave intact allegations of negligence relating to officers of Canada Customs and RCMP -- Cross-appeal dismissed.