Plaintiffs appealed a motion judge's decision striking conspiracy claims without leave to amend and defendants cross-appealed the refusal to strike false arrest claims as statute-barred.
The Court of Appeal allowed the plaintiffs' appeal, holding that conspiracy was a substantive cause of action that should not be struck under Rule 25.11, and that the merger doctrine did not apply at the pleadings stage.
The court dismissed the defendants' cross-appeal, finding that limitation defences should not be determined before a statement of defence is delivered, absent rare circumstances.
The court granted leave to amend to quantify damages for conspiracy.
