Stewart v. Keating, 2016 SKCA 59

• Judge: Richards, C.J.S., Ottenbreit and Ryan-Froslie, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: March 15, 2016
• Jurisdiction: Saskatchewan
• Citations: 2016 SKCA 59;(2016), 480 Sask.R. 13 (CA)

Stewart v. Keating (2016), 480 Sask.R. 13 (CA);

    669 W.A.C. 13

MLB headnote and full text

Temp. Cite: [2016] Sask.R. TBEd. MY.006

Jarvis Stewart (appellant/plaintiff) v. Gordon James Keating (respondent/defendant)

(CACV2720; 2016 SKCA 59)

Indexed As: Stewart v. Keating

Saskatchewan Court of Appeal

Richards, C.J.S., Ottenbreit and Ryan-Froslie, JJ.A.

April 28, 2016.

Summary:

The Saskatchewan Provincial Court found Stewart guilty of wilfully obstructing police officer Keating in the lawful performance of his duties during a traffic stop. Stewart received an absolute discharge as a remedy under s. 24(1) of the Charter on the basis that he had been held in custody longer than necessary. Stewart (self-represented) sued Keating for damages of $400,000 pursuant to various causes of action.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2015), 473 Sask.R. 108, dismissed the action in its entirety and awarded Keating costs. Stewart appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

Courts - Topic 2015

Jurisdiction - General principles - Controlling abuse of its process (incl. abuse of process by relitigation) - Following a criminal trial, Stewart was found guilty of wilfully obstructing police officer Keating in the lawful execution of his duties during a traffic stop - He received an absolute discharge as a remedy under s. 24(1) of the Charter on the basis that he had been held in custody longer than necessary - Stewart (self-represented) sued Keating for damages of $400,000 pursuant to various causes of action: assault, battery, false arrest, false imprisonment, intentional infliction of mental suffering, negligence causing personal injury, negligent standard of care, abuse of process and malicious prosecution - The trial judge dismissed the claim in its entirety and awarded costs to Keating - The claim was an abuse of process because it was an attempt to relitigate the issues in the criminal trial - Stewart appealed, stating that a miscarriage of justice had occurred - He argued that the trial judge erred with regard to a number of issues - All of those issues and arguments were connected to and founded on Stewart's non-acceptance of his conviction for obstruction - The Saskatchewan Court of Appeal addressed each of Stewart's arguments and, in the result, dismissed the appeal.

Police - Topic 5026

Actions against police - Negligence - During custody of person - [See Courts - Topic 2015 ].

Police - Topic 5041

Actions against police - For false arrest - General - [See Courts - Topic 2015 ].

Police - Topic 5061

Actions against police - For false imprisonment - General - [See Courts - Topic 2015 ].

Police - Topic 5281

Actions against police - Defences - General - [See Courts - Topic 2015 ].

Practice - Topic 5361

Dismissal of action - Grounds - General and want of prosecution - Abuse of process - [See Courts - Topic 2015 ].

Torts - Topic 6254

Abuse of legal procedure - Abuse of process - What constitutes - [See Courts - Topic 2015 ].

Counsel:

Jarvis Stewart on his own behalf;

Robert J. Gibbings, Q.C., for the respondent.

This appeal was heard on March 15, 2016, before Richards, C.J.S., Ottenbreit and Ryan-Froslie, JJ.A., of the Saskatchewan Court of Appeal. In reasons written by Ottenbreit, J.A., the Court delivered the following judgment, dated April 28, 2016.