The moving party defendants brought a motion under Rule 21.01 to strike the plaintiffs' claim against the former Chief of Police.
The plaintiffs' action arose from a police investigation into a noise complaint, alleging false and malicious statements in police records.
The court granted the motion, finding that the claim sought no substantive relief against the former Chief, was commenced after the expiry of the limitation period, and failed to disclose a reasonable cause of action as the Police Services Act does not impose vicarious liability on chiefs of police for the tortious conduct of force members.
The claim was struck without leave to amend.