Background Facts: Dr. Rose Lover-Peace, formerly named Dr. Emotions Universe, sued Dr. Mandana Moosavi for malicious prosecution. Dr. Moosavi had filed a police complaint in January 2022, alleging that Dr. Lover-Peace would cause her personal injury. This led to criminal charges under s. 810(1)(a) of the Criminal Code. The prosecution was stayed in July 2022. Dr. Lover-Peace initiated this civil action in August 2023, seeking damages.

Legal Arguments/Issues: The plaintiff sought the disclosure of documents from the Provincial Prosecution Service. To succeed in the malicious prosecution claim, the plaintiff needed to prove: initiation of proceedings by the defendant, termination of proceedings in the plaintiff’s favor, absence of reasonable and probable cause, and malice or improper purpose. The plaintiff argued that the documents were necessary to demonstrate the prosecution’s termination was not due to an agreement but was a unilateral decision by the Crown.

Held: The court dismissed the plaintiff’s application for document disclosure. It ruled that the plaintiff already possessed the documents or could obtain them from other sources, such as his former criminal defense counsel. The court also held that documents related to prosecutorial discretion were privileged and not subject to disclosure.

Costs/Damages Awarded: No costs were awarded, as neither the Crown nor the defendant sought costs. The court made no ruling on damages, focusing solely on the disclosure application.