The plaintiff sued multiple defendants, including a nurse, her employer, a police detective, and Ontario, for false arrest, false imprisonment, malicious prosecution, and conversion following her acquittal on a charge of failing to provide the necessaries of life to her spouse.
The defendants moved to strike the claims under Rules 21 and 25.11.
The court struck the claims against the nurse and her employer, finding they did not directly cause the arrest or initiate the prosecution.
The court also struck the malicious prosecution and conversion claims against the police defendants for failing to plead material facts.
However, the court refused to strike the false arrest and imprisonment claims against the police on limitation grounds, finding it was not plain and obvious that the limitation period began on the date of arrest rather than the date of acquittal.