The plaintiff, a former resident of a co-operative housing provider, commenced an action seeking $1,000,000 in damages for alleged robbery, theft, and negligence arising from his 2009 eviction.
The defendant brought a motion to strike the statement of claim and dismiss the action.
The court granted the motion, finding that the action was commenced well beyond the two-year limitation period.
Furthermore, the court held that the statement of claim disclosed no reasonable cause of action and constituted an abuse of process, as the eviction was conducted lawfully under the co-operative's bylaws and the plaintiff was attempting to relitigate issues previously dismissed by the Human Rights Tribunal.
The action was dismissed with costs awarded to the defendant on a substantial indemnity basis.
