The plaintiff sought to amend his 13-year-old Statement of Claim to add a claim under section 15 of the Charter and to include Department of Justice (DOJ) employees as impugned actors.
The defendants opposed, citing prejudice due to delay and arguing the DOJ claim was not legally recognizable.
The court granted leave to add the section 15 Charter claim, finding it was not a new cause of action or that any limitation period was not plain and obvious.
However, the court dismissed the request to add DOJ employees, holding that lawyers acting in their professional capacity for the Crown are generally not personally liable for Charter breaches, distinguishing this from the role of Crown prosecutors in criminal cases.
