Summary

Keywords

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?.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

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.