Can a plaintiff bring a claim of malicious prosecution under the terms of the collective agreement?
British Columbia, Canada
The following excerpt is from Ancheta v. Joe, 2003 BCSC 93 (CanLII):
I conclude that, given the terms of the collective agreement and the essential character of the dispute, the claim of malicious prosecution does not arise under the collective agreement. The plaintiff’s claim in this court for malicious prosecution is not foreclosed by the principles in Weber v. Ontario Hydro. 3. Defamation
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a collective agreement protect a plaintiff in a personal injury action brought by a non-party to the collective agreement? (British Columbia, Canada)
Can a plaintiff bring a claim for malicious prosecution in a civil proceeding? (British Columbia, Canada)
Can an arbitrator deal with a collective agreement that expressly or inferentially arises out of the collective agreement? (British Columbia, Canada)
Does a third party who has not yet approved an agreement between a plaintiff and defendant in a patent case have to be bound by the terms of the agreement? (British Columbia, Canada)
Under what circumstances will a plaintiff be able to bring a claim for malicious conduct against the Attorney General for a Charter violation? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Can a plaintiff who signed an agreement in December 2006 to "renounce any further claim" for spousal support after December 31, 2008 make a new claim for support? (British Columbia, Canada)
Can a party claim arrears of maintenance under the terms of a divorce agreement where there has been no application for child support since the divorce agreement was signed? (British Columbia, Canada)
In what circumstances will a plaintiff be able to bring a claim in England for damages from abroad? (British Columbia, Canada)
Is a plaintiff entitled to bring a claim for per se damages on behalf of the class? (British Columbia, Canada)
