The Conduct of an Appeal Blog

Kukemueller v Ontario (Community Safety and Correctional Services): Deciding a Moot Appeal to Clarify the Law

Dec 14, 2016 1 MIN READ
Author
Mark A. Gelowitz

Partner, Disputes, Toronto

In Kukemueller v Ontario (Community Safety and Correctional Services), 2016 ONCA 451, the Court of Appeal for Ontario provided brief reasons allowing an appeal even though it had become moot. The Court stated that it was addressing the merits of the appeal, “even though the action has been discontinued, in order to clarify the law.”

On the merits, the Court held that s. 8 of the Ministry of the Attorney General Act gives individual Crown Attorneys immunity from actions for damages alleging prosecutorial misconduct, and that the motion judge relied on cases predating s. 8’s enactment when coming to the opposite conclusion.