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CIVIL PROCEDURE - Disposition without trial - Discontinuance

Monday, October 16, 2017 @ 8:35 AM  

Appeal by the plaintiffs, Holterman and Tiffin, from refusal to set aside a discontinuance of their action against the defendants, Fish and the federal Crown, alleging misfeasance in public office. Canada Revenue suspected that the plaintiffs underreported their incomes and commenced a fraud investigation headed by the defendant Fish. Fish swore an Information to Obtain (ITO) a search warrant. Following execution of the warrant, the plaintiffs were charged with fraud and tax evasion. The trial judge determined Fish's affidavit in favour of the ITO was intentionally...