Abigail Martinez

A costs endorsement following prior proceedings between a self-represented plaintiff and multiple defendants including federal officials and the Attorney General of Canada.

The parties consented to the disposition of costs.

The court fixed costs in favour of the defendants in a nominal amount payable by the plaintiff forthwith.

The defendants brought a summary judgment motion seeking dismissal of a negligence action as statute‑barred under the Limitations Act, 2002.

The plaintiff alleged negligence by correctional authorities in relation to the murder of her son while he was incarcerated, arguing that the claim was only discovered after a coroner’s inquest and report revealed additional information about officer misconduct and possible obstruction of the police investigation.

The court held that the claim was discovered when the plaintiff received the Board of Investigation report in 2005, which identified failures by correctional officers to follow institutional policies and procedures.

Later information from the inquest and coroner’s report merely provided further evidence supporting an already discoverable claim.

There was no evidence of fraudulent concealment that would suspend the limitation period.

The action commenced in 2010 was therefore outside the two‑year limitation period.