The Plaintiff alleged the Defendant police officers, police chief and police service had covered up an incident of police brutality which occurred during his arrest. The Defendants argued there was no genuine issue for Trial and applied to strike all or part of the Statement of Claim pursuant to Rule 3.68, or alternatively, Summary Dismissal pursuant to Rule 7.3. The Court declined to grant either Application.

In refusing to exercise his discretion under Rule 3.68 to strike the pleadings, specifically the Charter relief sought, Master Smart found that there was a reasonable prospect that the Plaintiff’s claim for Charter damages against the Defendants could succeed at Trial. Furthermore, Master Smart found that the Statement of Claim was not an abuse of process nor was it advanced in bad faith and should therefore not be struck.