Can a tort be advanced independently of the allegations of malicious prosecution and negligence?
Ontario, Canada
The following excerpt is from R. H. v. Ontario (Ministry of the Attorney General), 2002 CanLII 2835 (ON SC):
A constitutional tort cannot be advanced independently of the allegations of malicious prosecution and negligence and if there is no genuine issue for trial with respect to the claims for malicious prosecution and negligence, there can be no genuine issue for trial with respect to the constitutional torts based on the same allegations and facts. See Walker v. Ontario, [1997] O.J No. 3343, Ground J.
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