The plaintiffs, who were arrested multiple times during counter-protests at the Caledonia native occupation, brought a motion to amend their statements of claim to add new allegations of wrongful arrest, Charter violations, conspiracy, and harassment.
The defendant Crown brought a cross-motion to strike portions of the amended claims.
The court held that several of the new claims were statute-barred under the Limitations Act, 2002, as they constituted separate events rather than a continuing tort.
The court also struck the conspiracy and harassment claims for lack of particulars, but granted leave to amend.
The Crown's motion to strike the defamation claim was dismissed, as the court found the impugned remarks were capable of referring to the plaintiff despite not naming him specifically.