Aleksandra Lipska

The appellant appealed the dismissal of its motion for summary judgment, which sought to dismiss the respondent's action for false arrest, false imprisonment, and Charter breaches as statute-barred.

The respondent had been detained by the CBSA for 467 days before being deported, but only discovered evidence of alleged CBSA misconduct years later when internal notes were disclosed in separate litigation.

The Court of Appeal upheld the motion judge's finding that the presumptive limitation period starting on the date of arrest was rebutted, as the respondent did not have sufficient material facts to discover his claim until the internal notes were disclosed.

The appeal was dismissed.

The plaintiff sought costs on a substantial indemnity basis or, alternatively, on a partial indemnity basis, following the dismissal of the defendant's motion for summary judgment.

The court declined substantial indemnity due to a lack of "reprehensible conduct" but awarded partial indemnity costs, finding the amount reasonable given the complexity and importance of the motion, proportionality, and access to justice.

The defendant moved for summary judgment to dismiss the plaintiff's action for false arrest, false imprisonment, and Charter breaches, arguing it was statute-barred under the Limitations Act, 2002.

The plaintiff was arrested by the CBSA in June 2013 and detained until October 2014, but only commenced the action in October 2016.

The court dismissed the motion, finding that the claim was not discoverable until June 2015, when the plaintiff received disclosure indicating the CBSA had relied on an interpreter for a key witness statement, casting doubt on the grounds for his detention.

The court also found genuine issues for trial regarding the merits of the claim.