Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses the limitation of actions.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
The Woodstock Police services got themselves in a little bit of hot water. After two separate arrests, officers from the police services were alleged to have committed battery in using excessive force in arresting individuals. Both individuals who were the victims of the police abusive authority didn’t file their claims until after their criminal charges had been dismissed. This meant that the time period of limitation for starting those claims had run out.
The Woodstock Police services applied to have the claim struck on the basis that they were statute-barred. The court of Appeal ultimately determined that the clock doesn’t start ticking until the criminal proceeding that underscored the action is complete.
The Supreme Court of Canada should not have denied hearing this case because it opens up the door for significant litigation against police departments after an evidentiary foundation for that litigation may have been laid in court, rather than confirming the ordinary rule that litigation starts from the time of the action.
Watch the video for more.