SUPREME COURT OF NOVA SCOTIA
Citation: Symington v. Halifax (Regional Municipality), 2011 NSSC 474
Date: 20111222
Docket: Hfx No. 214598
Registry: Halifax
Between:
James Symington
Plaintiff/Respondent
v.
Halifax Regional Municipality and Halifax Regional Police Service
Defendants/Applicants
LIBRARY HEADING
Judge: The Honourable Justice M. Heather Robertson
Heard: October 12 and 13, 2010 and January 10 and 11, 2011, in Halifax, Nova Scotia
Final Written
Submissions: May 4 and May 11, 2011
Written Decision: December 22, 2011
Subject: Application for an order pursuant to Civil Procedure Rules 88, 13.03 and 13.04 striking out certain parts of the claim filed by the plaintiff and an order for summary judgment, as the plaintiff’s pleadings disclose no cause of action.
Summary: In a second amended statement of claim, the plaintiff pursued an action for malicious prosecution against the defendants/applicants and a malicious procurement of search warrant by a member of the Halifax Regional Police.
Issue: The adequacy of the pleadings to meet the threshold test for malicious prosecution and the duty to show an issue for trial.
Result: Applicants’ motion granted. There is no genuine issue for trial. Plaintiff’s pleadings are struck.
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