The appellants, the Attorney General of Canada and the Ontario Provincial Police, appealed a motion judge's decision that the respondents' claims for malicious prosecution, negligent investigation, misfeasance in public office, and civil conspiracy were not statute-barred.
The core issue was the application of the "appropriate means" element of the discoverability test under s. 5(1)(a)(iv) of the Limitations Act, 2002.
The Court of Appeal upheld the motion judge's finding that it was premature for the respondents to commence their actions until related civil forfeiture proceedings and an appeal of a costs order (which addressed Crown misconduct) were concluded.
The appeals were dismissed, affirming that the limitation period had not expired.
