In some cases, the doctrines of collateral attack and abuse of
process may be invoked to strike a claim where a plaintiff has
failed to pursue remedies, such as an appeal, which were available
in earlier proceedings. In Mann v. Royle, 2025 ONSC
1773, the Ontario Superior Court of Justice considered
whether a claim against the plaintiff's former criminal lawyers
could be struck on this basis.
In 2018, the plaintiff was arrested in the United States for
benefits fraud. In about February 2020, after serving time in
custody, he was extradited to Canada.
Upon his return to Canada, the plaintiff was charged with taking
and concealing a child in contravention of a custody order contrary
to section 282(1) of the Criminal Code. The charges
alleged that in June 1987, the plaintiff disappeared with his
21-month-old son, taking the child to the United States, despite
being required to return him to his ex-wife.
