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ABUSE OF LEGAL PROCEDURE OR PROCESS - Elements of tort - Malicious prosecution - Establishing elements - Malice - Practice and procedure - Pleadings

Wednesday, November 08, 2017 @ 6:10 AM  

Appeal by the plaintiff, Clark, from a Queen's Bench chambers judgment striking his statement of claim against a solicitor, Hunka, and her law firm. The defendant solicitor acted as independent counsel to a discipline tribunal established by the Institute of Chartered Accountants of Alberta to deal with a professional misconduct complaint against the plaintiff. On the first day of the hearing, the plaintiff sought to strike the disciplinary proceeding due to a failure to keep information acquired during the investigation confidential. The Tribunal retained the defendant...