Digest: Thompson v Kletzel, 2018 SKQB 80

• Date: March 07, 2018

Reported as: 2018 SKQB 80

Docket Number: QB17462 , QBG 448/16 JCS

Court: Court of Queen's Bench

Date: 2018-03-07

Judges:

• Elson

Subjects:

• Civil Procedure � Queen�s Bench Rules, Rule 3-31, Rule 3-71
• Torts � Negligence
• Civil Procedure � Parties � Application to Add Third Party Defendant
• Statutes � Interpretation � Contributory Negligence Act, Section 7, Section 10
• Courts and Judges � Stare Decisis

Digest: The plaintiff sued the defendants for damages suffered by him as a result of a police investigation and criminal prosecution. He had been arrested and charged with sexual assault and other offences but was acquitted. His statement of claim pled two causes of action: malicious prosecution and negligence. The four defendants were comprised of three RCMP officers and the Crown Prosecutor. The statement of defence filed by the officers denied any negligence or malice in their conduct. The claim against the prosecutor was in malicious prosecution. In the prosecutor�s statement of defence, she denied any wrongdoing in the conduct of the prosecution and asserted that it was undertaken with reasonable and probable cause and that she met the requisite prosecutorial standard. She then applied for leave as required by Queen�s Bench rule 3-72(1)(c)(ii) to amend her statement of defence and to issue a third party claim under s. 7 of The Contributory Negligence Act against the lawyer who represented the plaintiff both in the criminal proceeding and in the civil action. The defendant applicant asserted that the lawyer was negligent in his representation of the plaintiff at a show cause hearing under the judicial interim release provisions of the Criminal Code. The plaintiff�s claim for damages related in part to his continued detention after his bail application was denied. The defendant applicant proposed a third party claim under Queen�s Bench rule 3-31 to add the lawyer as a third party. Her...