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It was a light, yet eventful week at the Court of Appeal for Ontario.
Smith v Ontario (Attorney General) marked the second time in the last four months that the Court has addressed the issue of prosecutorial immunity, having already done so in the April 2019 decision in Clark v. Ontario (Attorney General).
Smith involved a crossclaim for contribution and indemnity by the police against the Crown attorneys for allegedly negligent legal advice provided to the police during the pre-charge stage of a failed prosecution. Following the dismissal of the charges, the police and Crown were sued for wrongful arrest. Clark had involved a claim by the police against the Crown for misfeasance in public office for not pursuing certain charges laid by the police that led to a claim against them by the accused.
Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (AUGUST 12 – 16, 2019)