Gurdarshan Singh Hansra, who was acquitted of possessing 51 kilos of cocaine for the aim of trafficking, has had a civil lawsuit tossed out.
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A B.C. trucker who was acquitted of possessing 51 kilograms of cocaine for the aim of trafficking has had a lawsuit claiming he was defamed thrown out of court docket.
In March 2014, Gurdarshan Singh Hansra, who has been a long-haul trucker since 1993, was discovered not responsible of the legal offence in Manitoba.
He and his co-driver had been employed to move a cargo of merchandise from Vancouver in a sealed truck to Brampton, Ont., however had been stopped by police throughout a routine site visitors inspection on the Trans-Canada Freeway close to Winnipeg.
Police received permission to examine the truck and found the medicine within the inside of the car, leading to Hansra and his co-driver being charged. However a court docket acquitted each males of all costs.
Hansra was concerned in a motorized vehicle accident in 2015 that resulted in a legislation agency representing the opposite driver sending letters to Hansra’s former or present employers containing questions pertaining to his employment. The letters requested whether or not the employers have been conscious of Hansra’s drug arrest however didn’t point out that he’d been discovered not responsible of the costs.
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He filed a negligence declare, alleging the legal costs had not been widespread data inside the South Asian trucking group, which he stated was small and insular, and delicate to allegations of drug trafficking.
Hansra claimed that the questions within the letters coping with the difficulty of the costs amounted to defamatory statements. However the defendants, together with the legislation agency and ICBC, utilized to strike Hansra’s declare as having no affordable prospect of success.
They acknowledged that the contents of the defamatory statements have been delivered to 16 people related to Hansra’s employment after which later revealed and filed in an affidavit in B.C. Supreme Court docket and accessible to the general public.
However they argued that the lawsuit was sure to fail given the circumstances surrounding the publication of the fabric, which they declare have been events coated by absolute privilege.
In his ruling on the applying, B.C. Supreme Court docket Justice John Harvey agreed with the defendants that they have been offered immunity towards the declare based mostly on the doctrine of absolute privilege. That doctrine supplies safety towards fits arising from statements made in court docket proceedings and communications made in the midst of an inquiry with respect to, or in preparation for, these proceedings, famous the decide.
“In writing to the previous employers of the plaintiff, the legislation agency was appearing in the midst of pursuing its consumer’s curiosity and thus is protected by absolute privilege,” Harvey stated.