Plaintiff
Defendant
Case Overview:
Garry Alexander Iron (plaintiff) sued Bateman’s Jewelry (defendant) for $4 million, claiming wrongful conviction for robbery caused by false testimony from the defendant’s employees. His conviction was overturned in 2022 due to flawed witness identification procedures.
Key Legal Arguments:
Iron alleged the defendant’s employees’ testimony led to his wrongful imprisonment, causing physical and mental harm, defamation, and financial loss. The defendant sought to strike the claim under Rule 7-9(2)(b) of The King’s Bench Rules, arguing it was frivolous and barred by the doctrine of witness immunity, which shields witnesses from civil liability for court testimony.
Court’s Decision:
The court dismissed the defendant’s motion, finding the claim was not frivolous despite its deficiencies. It ruled that witness immunity, while a strong defense, did not automatically render the claim meritless. The court acknowledged the plaintiff’s self-represented status and allowed the case to proceed.
Costs and Award:
No costs were awarded, and the dismissal was without prejudice, permitting the defendant to bring further pre-trial motions.
Conclusion:
The court allowed Iron’s case to continue, affirming his right to seek damages for his alleged wrongful conviction and harm, despite procedural defenses raised by the defendant.
Court
Court of King's Bench for SaskatchewanCase Number
KBG-SA-01384-2023Practice Area
Tort lawAmount
Winner
PlaintiffTrial Start Date
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