What is the test for a plaintiff's Charter claim?
Ontario, Canada
The following excerpt is from Wendy Sin Ming Ho v. Her Majesty the Queen et al., 2014 ONSC 2267 (CanLII):
With respect to the plaintiff’s Charter claim the plaintiff pleads and relies on sections 7 and 24(1). In order to maintain a claim for Charter damages there must be evidence of mala fides: John Doe v. Ontario, [2007] O.J. No. 3889 (S.C.J.) at para.118.
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