Supreme Court

Decision Information

Decision Content

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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