The defendant Toronto Police Services Board brought a motion for summary judgment to dismiss the plaintiffs' action as statute-barred, or alternatively to strike the Statement of Claim for disclosing no reasonable cause of action or being an abuse of process.
The court dismissed the summary judgment motion because the defendant failed to file any evidence to discharge its evidentiary burden.
On the motion to strike, the court struck the claims for negligent investigation and obstruction of justice without leave to amend, as they are not recognized causes of action.
The remaining claims, including intentional infliction of mental suffering, intrusion upon seclusion, intimidation, defamation, and Charter breaches, were struck with leave to amend due to insufficient pleading of material facts.
The motion to strike the claim as an abuse of process was dismissed.
