Background: In 2007, Mark Grant was arrested and charged with the 1984 murder of Candace Derksen. He was convicted in 2011 based on DNA evidence but was acquitted in 2017 after a retrial. In 2019, Grant filed a claim against the Attorney General of Manitoba, the Government of Manitoba, and the City of Winnipeg for malicious prosecution.

Legal Arguments/Issues: The primary issue was malicious prosecution, with Grant claiming the prosecution continued despite unreliable DNA evidence, alleging a lack of reasonable and probable grounds. The defendants argued that the claim was a collateral attack on previous court decisions and should be struck out as an abuse of process. The court reviewed the decision of the Senior Master, emphasizing that a pleading should only be struck if it was "plain and obvious" that it disclosed no reasonable cause of action. Additionally, Grant sought damages for violations of his rights under sections 7 and 9 of the Canadian Charter of Rights and Freedoms.

Court's Decision: The court found that Grant's claim for malicious prosecution was sufficiently pled, except for parts alleging no reasonable grounds to initiate the prosecution, which were struck as an abuse of process. The court allowed the Charter damages claim to proceed based on the same facts as the malicious prosecution claim.

Costs/Award: There was no award of costs, as success was divided between the parties.