Ontario civil | Limitations
PUBLIC AUTHORITIES
Plaintiff’s mental health issues did not impede ability to bring claim earlier
Plaintiff was arrested in July 2002 for public intoxication. Plaintiff alleged that he was assaulted by police officers during arrest. Plaintiff brought claim against police force in February 2005 for damages relating to arrest. Police force brought motion to dismiss action as time-barred. Motion allowed. On both subjective and objective standard alleged assault and related events were clearly discoverable by plaintiff and known to him in July 2002. Plaintiff’s mental health issues did not impede ability to bring claim earlier. Action was statute-barred since it was brought against public authority beyond six-month limitation period.
Mackenzie v. Hamilton (City) (Dec. 13, 2011, Ont. S.C.J., Goodman J., File No. 958/05) 210 A.C.W.S. (3d) 527 (20 pp.).
Plaintiff’s mental health issues did not impede ability to bring claim earlier
Plaintiff was arrested in July 2002 for public intoxication. Plaintiff alleged that he was assaulted by police officers during arrest. Plaintiff brought claim against police force in February 2005 for damages relating to arrest. Police force brought motion to dismiss action as time-barred. Motion allowed. On both subjective and objective standard alleged assault and related events were clearly discoverable by plaintiff and known to him in July 2002. Plaintiff’s mental health issues did not impede ability to bring claim earlier. Action was statute-barred since it was brought against public authority beyond six-month limitation period.
Mackenzie v. Hamilton (City) (Dec. 13, 2011, Ont. S.C.J., Goodman J., File No. 958/05) 210 A.C.W.S. (3d) 527 (20 pp.).
