CIVIL PROCEDURE - Summary judgments - To dismiss action - Reasonable apprehension of bias

Law360 Canada ( November 24, 2025, 1:37 PM EST) -- Appeal by appellant from summary dismissal of his claim and application to adduce new evidence. The appellant was arrested in August 2018 on charges of possession and distribution of child pornography. The charges were stayed in August 2020. In May 2022, the appellant commenced civil proceedings against His Majesty the King in right of Alberta (Alberta) and the Attorney General of Canada (Canada), which sought remedies for seizure of his personal property and breach of his rights as set out in the Canadian Charter of Rights and Freedoms (Charter), including 10 million dollars in damages. He applied for summary judgment, Alberta cross-applied to have struck the claim and for summary dismissal, and Canada cross-applied for summary dismissal only. The application was dismissed and both cross-applications were granted. On appeal, the appellant submitted that the chambers judge incorrectly struck his Charter claims, was biased in rendering her decision, misapprehended evidence, and erred in summarily dismissing his malicious prosecution claims. He brought an application to adduce new evidence on the appeal. Canada submitted that even if there was a basis for appellate intervention, it had a valid limitations defence....
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