Public Authorities Protection Act, R.S.O. 1990, c. P.38

• Jurisdiction: Ontario

Public Authorities Protection Act

R.S.O. 1990, Chapter P.38

Consolidation Period: From May 1, 2007 to the e-Laws currency date.

Last amendment: 2006, c. 21, Sched. C, s. 132.

Where acting under order of the court

1 Where a justice of the peace refuses to do any act relating to the duties of his or her office, the person requiring the act to be done may, upon affidavit stating the facts and upon six days notice to him or her and also to the party to be affected by the act, apply to a judge of the Superior Court of Justice for an order directing the act to be done. R.S.O. 1990, c. P.38, s. 1; 2006, c. 19, Sched. C, s. 1 (1).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

Non-liability of informant where offence not properly described

2 An action shall not be brought against a person who has in good faith laid an information before a justice of the peace or by reason of the information not containing a proper description of the offence or being otherwise defective. R.S.O. 1990, c. P.38, s. 2.

Conditions on quashing convictions

3 (1) Where an order is made quashing a conviction, the court may provide that no action shall be brought against the informant or any officer acting thereunder or under any warrant issued to enforce the conviction or order. R.S.O. 1990, c. P.38, s. 3 (1).

Order may be made conditional

(2) Such an order may be made conditional upon payment of the costs of the motion to quash or upon such other condition as may be considered proper. R.S.O. 1990, c. P.38, s. 3 (2).

When action may be stayed upon motion

4 If an action is brought where by this Act it is enacted that no action shall be brought, it may be stayed on motion. R.S.O. 1990, c. P.38, s. 4.

Damages nominal in certain cases

5 Where the plaintiff is entitled to recover, and he or she proves the levying or payment of any penalty or sum of money under any conviction or order as part of the damages he or she seeks to recover or if he or she proves that he or she was imprisoned under the conviction or order, and seeks to recover damages for the imprisonment, he or she is not entitled to recover the amount of the penalty or sum so levied or paid, or any sum beyond the sum of 3 cents as damages for the imprisonment, or any costs of suit, if it is proved that he or she was actually guilty of the offence of which he or she was convicted, or that he or she was liable by law to pay the sum he or she was so ordered to pay...