The plaintiff was struck by a car while walking home on a highway after a New Year's Eve party.
He sued the driver and later commenced a second action against the OPP and others.
The Crown (HMK) moved for summary judgment, arguing the second action was a nullity for lack of notice under the Proceedings Against the Crown Act, and that a third action commenced after proper notice was statute-barred.
The court granted summary judgment dismissing the second action as a nullity but dismissed the motion regarding the third action, finding the plaintiff rebutted the presumption of discovery on the date of the accident.
The court also found a genuine issue for trial regarding whether the police owed a private law duty of care to the plaintiff given their knowledge of the party and intoxicated pedestrians on the highway.
