The appellant appealed the dismissal of his civil action for damages arising from his arrest on February 13, 2013.
The motion judge had dismissed the action as time-barred, finding that the limitation period for battery and false arrest claims crystallized on the date of arrest.
The Court of Appeal allowed the appeal, holding that where a battery action is a mirror image of criminal charges, the discovery date is when the criminal proceedings conclude, not when the arrest occurs.
The appellant's action, commenced May 13, 2016, was within two years of the October 22, 2015 conclusion of the criminal charges via peace bond and therefore not time-barred.
