The Crown sought summary judgment to dismiss two actions brought by the plaintiffs, Paul Alexander Cooper and Candice Hopkins, as statute-barred under the Proceedings Against the Crown Act and the Limitations Act, 2002.
One action had been administratively dismissed, which the plaintiffs sought to set aside.
The court set aside the administrative dismissal to deal with both actions concurrently.
The plaintiffs argued that Mr. Cooper's alleged incapacity suspended the limitation period.
The court rejected the incapacity argument, finding the evidence from a chiropractor insufficient and unqualified.
Both actions were ultimately dismissed as statute-barred due to failure to provide proper notice to the Crown and expiry of the basic limitation period.
