The defendant brought a motion to strike paragraphs of the plaintiff's amended statement of claim relating to allegations of harassment, discrimination, and reprisal that pre-dated the two-year limitation period.
The plaintiff argued that the allegations formed part of a continuous cause of action or a series of incidents under the Human Rights Code.
The court dismissed the motion, finding that the law is unsettled as to whether the Limitations Act or the Human Rights Code limitation period applies to a civil action, and that it was not plain and obvious whether the allegations constituted a series of independent torts or a continuous cause of action.
