Summerland brothers' lawsuit against provincial Crown moves into summary judgment
A BC judge ordered the separation of a lawsuit brought by two Summerland brothers against Crown prosecutors, prioritizing the issue of reasonable and probable cause.Summary
Brad and Darren Besler, known for their frequent lawsuits, are suing the RCMP and provincial Crown prosecutors, alleging wrongdoing during a 2021 criminal mischief investigation and trial which they successfully overturned. Their civil suit claims the defendants violated the Crown Counsel Act, conspired to mislead the court, and displayed bias and negligence, among other accusations. The Crown and RCMP initially sought dismissal of the claims, but the Beslers won an appeal after a lower court ruling. Justice Gregory Koturbash has now ordered that the issue of reasonable and probable cause be decided first through summary judgment – a process used when a full trial isn’t necessary – to determine if there was sufficient basis for the initial charges. The Beslers argued the Crown could easily afford the costs, but Justice Koturbash emphasized the importance of efficient use of public funds and court time. Further proceedings are paused until the summary judgment on reasonable and probable cause is resolved.
(Source：Castanet)