The plaintiff, a former employee of the Toronto Community Housing Corporation (TCHC), sued TCHC, several individual TCHC employees, the City of Toronto, and the City Ombudsman for wrongful dismissal and intentional infliction of mental suffering following an investigation into TCHC's eviction practices.
The Ombudsman Defendants and the individual TCHC Defendants brought motions to strike the statement of claim.
The court granted the Ombudsman Defendants' motion, finding the claim against them was an abuse of process and barred by absolute privilege under the City of Toronto Act.
The court dismissed the individual TCHC Defendants' motion, finding it was arguable that the limitation period for the intentional infliction of mental suffering claim did not begin to run until the plaintiff was dismissed, as a proceeding would not have been an appropriate remedy before that time.