What is the test for malice in a civil action brought by a plaintiff against the Local Defence Association?
Ontario, Canada
The following excerpt is from Chmielewski v. Niagara (Regional Municipality)Police Services Board, 2004 CanLII 4070 (ON SC):
I have already concluded that malice is an issue for trial. Consistent with the law stated in Pinnock v. Ontario, [2000] O.J. No. 2921 (S.C.J.) at paragraph 16, if the plaintiff succeeds in proving mala fides it is open to him to pursue a claim for damages for breach of his Charter rights. THE LOCAL DEFENDANTS
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