Can a plaintiff bring a claim of malicious prosecution under the terms of the collective agreement?
British Columbia, Canada
The following excerpt is from Ancheta v. Joe, 2003 BCSC 93 (CanLII):
I conclude that, given the terms of the collective agreement and the essential character of the dispute, the claim of malicious prosecution does not arise under the collective agreement. The plaintiff’s claim in this court for malicious prosecution is not foreclosed by the principles in Weber v. Ontario Hydro. 3. Defamation
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