17 (1) This section applies to proceedings brought against the Crown or an officer or employee of the Crown that include a claim in respect of a tort of misfeasance in public office or a tort based on bad faith respecting anything done in the exercise or intended exercise of the officer or employee’s powers or the performance or intended performance of the officer or employee’s duties or functions. 2020, c. 11, Sched. 7, s. 1. Leave to proceed required, automatic stay (2) A proceeding to which this section applies that is brought on or after the day section 1 of Schedule 7 to the Smarter and Stronger Justice Act, 2020 comes into force may proceed only with leave of the court and, unless and until leave is granted, is deemed to have been stayed in respect of all claims in that proceeding from the time that it is brought. 2020, c. 11, Sched. 7, s. 1. Documents on motion for leave (3) On a motion for leave under subsection (2), the claimant shall, in accordance with section 15 if applicable, serve on the defendant and file with the court, (a)  an affidavit, or such other document as may be prescribed, setting out a concise statement of the material facts on which the claimant intends to rely; and (b)  an affidavit of documents, or such other document as may be prescribed, disclosing, to the full extent of the claimant’s knowledge, information and belief, all documents relevant to any matter in issue in the proceeding that are or have been in the claimant’s possession, control or power. 2020, c. 11, Sched. 7, s. 1. Response by defendant (4) On a motion for leave under subsection (2), the defendant may serve on the claimant and file an affidavit, or such other document as may be prescribed, setting out a concise statement of the material facts on which the defendant intends to rely for the defence, but is not required to do so. 2020, c. 11, Sched. 7, s. 1. Limit on examinations (5) No person may be examined or summoned for examination on the contents of an affidavit or prescribed document referred to in subsection (3) or (4) or in relation to the motion for leave, other than the maker of the affidavit or prescribed document. 2020, c. 11, Sched. 7, s. 1. No discovery of defendant (6) The defendant shall not be subject to discovery or the inspection of documents, or to examination for discovery, in relation to the motion for leave. 2020, c. 11, Sched. 7, s. 1. Requirements for leave (7) The court shall not grant leave unless it is satisfied that, (a)  the proceeding is being brought in good faith; and (b)  there is a reasonable possibility that the claim described in subsection (1) would be resolved in the claimant’s favour. 2020, c. 11, Sched. 7, s. 1. Costs (8) Each party to the motion for leave shall bear its own costs of the motion. 2020, c. 11, Sched. 7, s. 1. Effect of granting leave (9) The granting of leave under subsection (2) lifts the stay of the proceeding. 2020, c. 11, Sched. 7, s. 1. Effect of refusing leave (10) If leave is not granted under subsection (2), (a)  the proceeding is rendered a nullity; or (b)  if the proceeding contains any claims other than the claim described in subsection (1), the proceeding is rendered a nullity in respect of the claim described in that subsection and the stay is lifted with respect to the remainder of the proceeding. 2020, c. 11, Sched. 7, s. 1. Waiver of leave requirement (11) Despite subsections (2) and (10), the Crown may waive the application of subsection (2) in relation to a proceeding by giving notice of the waiver in writing to the claimant. 2020, c. 11, Sched. 7, s. 1. Same (12) The Crown may exercise its discretion under subsection (11) at any time before the hearing of a motion for leave under subsection (2), including before an intended proceeding is brought. 2020, c. 11, Sched. 7, s. 1. Same (13) If the Crown exercises its discretion under subsection (11) after a proceeding has been brought, (a)  the stay of the proceeding is lifted once notice of the waiver is given to the claimant; and (b)  the Crown shall give notice of the waiver in writing to the court. 2020, c. 11, Sched. 7, s. 1. Non-application to Crown claimant (14) This section does not apply if the claimant is the Crown. 2020, c. 11, Sched. 7, s. 1. Transition (15) This section, as it read immediately before the day section 1 of Schedule 7 to the Smarter and Stronger Justice Act, 2020 came into force, continues to apply with respect to a proceeding for which a motion for leave was made under this section before that day, except that the Crown may, at any time before the hearing of the motion, waive the requirement for leave by giving notice of the waiver in writing to the claimant and to the court. 2020, c. 11, Sched. 7, s. 1. Same (16) For greater certainty, if a proceeding for which leave was required under this section was brought without leave before the day section 1 of Schedule 7 to the Smarter and Stronger Justice Act, 2020 came into force, the proceeding was a nullity in respect of the claim described in subsection (1) from the time the proceeding was brought. 2020, c. 11, Sched. 7, s. 1. Same (17) For the purposes of any applicable limitation period, (a)  a proceeding to which subsection (15) applies shall be considered to have been commenced in respect of the claim described in subsection (1) when the motion for leave was made, despite any waiver of the leave requirement by the Crown; and (b)  a proceeding to which subsection (16) applies shall, despite being a nullity in respect of the claim described in subsection (1), be considered to have been commenced when the proceeding was brought. 2020, c. 11, Sched. 7, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 7, s. 1 - 08/07/2020