SUPREME COURT OF NOVA SCOTIA
Citation: Cave v. Bambury , 2012 NSSC 129
Date:20120328
Docket: Hfx No. 280323
Registry: Halifax
Between:
Ralph Douglas Cave
Plaintiff
- and -
Jacqueline Bambury, Lance Trevor Sparks (aka Lance Trevor States)
Tammy MacDonald, Mark Kellock and Halifax Regional Municipality
and Attorney General of Canada (on behalf of the Royal Canadian Mounted Police)
Defendants
- and -
Jacqueline Bambury and Lance Trevor Sparks
Plaintiffs by Counterclaim
- and -
Ralph Douglas Cave
Defendant by Counterclaim
LIBRARY HEADING
Judge: The Honourable Justice N.M. Scaravelli
Heard: November 7, 8, 9, 10, 14, 15, 2011 and March 14-15, 2012, Halifax, Nova Scotia
Written Decision: March 28, 2012
Subject: False Arrest and Imprisonment / Negligent Investigation / Breach of Charter / Malicious Prosecution
Summary: Plaintiff commenced action against police officer and, vicariously, HRM as a result of three incidents of arrest and detention. Plaintiff claimed against defendant complainants for malicious prosecution. Complainants counterclaimed against the plaintiff for damages to their motor vehicles.
Result: Plaintiff’s claims for negligent investigation and breach of Charter dismissed on HRM’s motion for non-suit. Plaintiff’s claim for false arrest dismissed as police had reasonable and probable grounds to make arrests. Plaintiff’s claim for malicious prosecution dismissed as complainants did not initiate the prosecution and, in any event, had reasonable and probable cause. Complainants claim against the plaintiff for damage to their vehicles allowed in part.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.