Woodstock Police Services Board, et al. v. Everton Brown

(Ontario) (Civil) (By Leave)


Limitation of actions - Limitation of actions – Whether the limitation period for an intentional torts starts on the date of the alleged tort or is delayed until the outcome of criminal proceedings arising from the same circumstances?.


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Mr. Brown was arrested on February 13, 2013 and charged with criminal offences including assault. There was a struggle during his arrest and he sustained injuries. At trial, Crown counsel withdrew the charges in exchange for a peace bond. On May 13, 2016, three years and three months after the arrest, Mr. Brown commenced a civil action against the Woodstock Police Services Board and officers alleging battery, illegal search, wrongful arrest and detention, various related Charter breaches and malicious prosecution. The defendants brought a motion to have the claims dismissed on the basis they were not commenced within applicable statutory limitation periods. A motions judge dismissed the action. The Court of Appeal allowed an appeal.