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A-254-79
Richard Bosada (Appellant) v.
The Queen, in right of Canada, the Queen, as represented by R. H. Simmonds, Commissioner of the Royal Canadian Mounted Police; Saul Frum- kin; Roger Leclair; Eugene Ewaschuk; Graham Pinos; Gerald McCracken, Arne Kay; Douglas Smith; and others unknown (Respondents)
Court of Appeal, Pratte and Le Dain JJ. and Kerr D.J.—Ottawa, April 25, 1980.
Practice — Motion to strike pleadings — Appeal from judgment striking out the statement of claim and dismissing the action — Individual respondents (defendants) were mem bers of the R.C.M.P. or employees of the Crown — Appellant (plaintiff), a lawyer, was charged, arrested and subjected to criminal process after search, and seizure of file prepared in connection with civil suit between his client, who was under criminal investigation and the Crown and certain R.C.M.P. officers — Action for malicious prosecution was dismissed on the grounds of lack of jurisdiction, and want of reasonable cause of action — Appeal was based on allegation that Trial Judge erred in his decision Appeal dismissed.
APPEAL. COUNSEL:
L. Max, Q.C. for appellant.
E. Bowie and A. S. Fradkin for respondents
the Queen in right of Canada, the Queen as represented by R. H. Simmonds, Commis sioner of the Royal Canadian Mounted Police, Arne Kay and Douglas Smith.
G. D. Finlayson, Q.C. and J. J. Colangelo for respondents Roger Leclair, Eugene Ewas- chuk, Graham Pinos and Gerald McCracken.
SOLICITORS:
Bosada, Max, McKinley, Carroll, Ottawa, for appellant.
Deputy Attorney General of Canada for respondents the Queen in right of Canada, the Queen as represented by R. H. Simmonds, Commissioner of the Royal Canadian Mount ed Police, Arne Kay and Douglas Smith. McCarthy & McCarthy, Toronto, for respondents Roger Leclair, Eugene Ewas- chuk, Graham Pinos and Gerald McCracken.
The following are the reasons for judgment of the Court delivered orally in English by
PRATTE J.: We do not need to hear you, gentlemen.
Counsel for the appellant made only two attacks against the judgment of the Trial Division [[1979] 2 F.C. 335]. He argued that the Judge below had erred in deciding, first, that the action, in so far as it was directed against defendants other than the Crown, was not within the jurisdiction of the Trial Division and, second, that, in any event, the appel lant's action for malicious prosecution was prema ture since it had been instituted before disposition of the charges laid against the appellant.
There is, in our view, no substance in either of those submissions and the appeal will therefore be dismissed with costs.
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