If the Court of Appeal in Gottlieb hints at the possibility of fabricaton of evidence founding a tort regardless of the conviction of the fabricatees, the fabrication case would have to proceed after the primary litigation ended, presumably:
"...[3] Before us, counsel for the appellant argued that within the statement of claim can be read an allegation of a conspiracy to fabricate certain specific evidence and that a cause of action lies even if the appellant is convicted in the criminal proceedings. It is difficult to see how such a claim could be dealt with prior to the determination of the criminal proceedings as it would be impossible to know what, if any, damages the appellant had suffered until he has been acquitted or convicted on the criminal charges. ..."
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