Appellant
Respondent
Background: M.P.W. sued the City of Victoria, Det. Mark Knoop, and Cst. Cory Moore for wrongful arrest and negligent investigation stemming from a 2010 incident. M.P.W. was arrested without a warrant based on allegations of sexual impropriety made by a seven-year-old family member. He was released after four hours, and the Crown decided not to charge him in January 2011. The trial court dismissed M.P.W.'s claims in 2020, citing credibility issues with his evidence and finding reasonable grounds for the arrest and investigation.
Legal Arguments/Issues:
Interlocutory Appeal: M.P.W. sought leave for an interlocutory appeal to the Supreme Court of Canada, which the court had no jurisdiction to grant.
Appointment of Counsel: M.P.W. requested state-funded counsel due to his cognitive disabilities. The court found no statutory authority for appointing state-funded counsel in civil cases, unlike in criminal matters.
Charter Compliance: M.P.W. sought an order to bring the court into compliance with the Charter, alleging insufficient accommodation for his disabilities. The court deemed this request too vague for enforcement.
Held: Justice Skolrood dismissed the applications entirely, citing lack of jurisdiction and statutory authority. He noted that while M.P.W. raised valid concerns about accessibility for disabled individuals, the legislative framework did not support his requests. The court acknowledged the accommodations already provided to M.P.W. during the appeal process.
Costs/Damages Awarded: The total trial costs awarded against M.P.W. were $65,000. The court emphasized that the division hearing the appeal would consider the conduct of the litigation when determining any additional costs.
Court
Court of Appeals for British ColumbiaCase Number
CA46915Practice Area
Tort lawAmount
$ 65,000Winner
RespondentTrial Start Date
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