The defendant brought a motion for summary judgment to dismiss the plaintiffs' claims for negligence and defamation on the basis that the two-year limitation period had expired, and a motion to strike the plaintiffs' claim for a breach of their section 6 Charter mobility rights.
The court found that the plaintiffs could not have reasonably discovered the material facts of their claim until the release of the Iacobucci Inquiry Report, meaning the limitation period had not expired.
The court also refused to strike the section 6 Charter claim, finding it was not plain and obvious that the claim would fail given the practical restrictions on the plaintiffs' ability to leave Canada.
Both motions were dismissed.
