Law360 Canada ( August 13, 2021, 5:33 AM EDT) -- Appeal by the plaintiff from summary judgment dismissing his action for malicious prosecution. The appellant was charged with sexual assault and uttering death threats based on allegations of his estranged spouse. The allegations were made during contested family law litigation. There were inconsistencies between the complainant’s various affidavits, witness statements and testimony. The respondent was the Crown prosecutor who had carriage of the file. The appellant repeatedly tried to persuade the respondent that the allegations were without foundation. The appellant was acquitted on all counts. The trial judge described the Crown’s case theory in relation to the sexual assault charges as bordering on the impossible. The appellant then commenced the present action. The application judge found the respondent credible and found she could have honestly believed that it would be possible to prove the appellant’s guilt beyond a reasonable doubt. The appellant argued the application judge erred by failing to consider the complainant said in an interview that she remembered the sexual activity in question and that it was consensual, that the investigating officer told the complainant that the complainant did not remember and that the sexual activity could not have been consensual, and that the respondent approved of this and used the resulting testimony....