Reynen v. Canada ( Attorney General )
T-395-93
Strayer J.
8/10/93
4 pp.
Application to strike out statement of claim under R. 419 or to strike paragraphs 14, 15 and 16-Claim for malicious prosecution at issue-Pleadings related to malicious prosecution should not be struck out-Sufficient if prosecution accounted for by imputing improper motive to defendants-As to cause of action based on negligence, Alberta Court of Appeal holding in German v. Major et al., (1985) 20 D.L.R. (4th) 703 prosecuting counsel cannot be liable in negligence to accused with respect to manner in which prosecution carried out as no duty of care owed by prosecutor to accused-Crown prosecutors owing duty to Crown and to public in carrying out duties but not to accused-No limitation on action for malicious prosecution if mere negligence enough to make officers involved in prosecutions liable-Allegations no liability for detention or bail conditions fixed by court order not creating cause of action-Should not be struck as might be considered relevant by trial judge-Application allowed in part-Federal Court Rules, c. 663, R. 419.