Rich v Secretary to the Department of Justice

The plaintiff sought to bring a proceeding against the defendant for the alleged breach of the plaintiff's right to an in-cell computer. The plaintiff alleged that the defendant breached the plaintiff's right to a fair trial by depriving the plaintiff of the right to an in-cell computer. The defendant applied to have the proceeding dismissed as failing to disclose a cause of action and as an abuse of process. The plaintiff opposed the application. The court was required to determine whether the plaintiff had an arguable right to an in-cell computer and whether this right was relevant to a civil proceeding for the alleged breach of the right to a fair trial.

The court found that the plaintiff did not have an arguable right to an in-cell computer. The court found that the plaintiff's right to a fair trial was not infringed by the defendant's alleged deprivation of the plaintiff's right to an in-cell computer. The court found that the plaintiff's proceeding was an abuse of process as it failed to disclose a cause of action and was brought in bad faith. The court found that the plaintiff's proceeding was brought for an ulterior purpose and was an abuse of the court's process.

The court dismissed the proceeding as failing to disclose a cause of action and as an abuse of process. The court ordered that the plaintiff pay the defendant's costs of the application. The court found that the defendant was entitled to costs on an indemnity basis as the plaintiff's proceeding was brought in bad faith and for an ulterior purpose.