Michael B. Fraleigh

The appellant, a former medical resident, appealed an order striking her conspiracy claim against two individual defendants as time-barred under the Limitations Act, 2002.

The Court of Appeal allowed the appeal, finding that the motion judge erred in applying the presumption of knowledge under s. 5(2) of the Act before the issue of discoverability was properly developed in the pleadings.

The Court held that a limitation defence should generally be pleaded in a statement of defence, allowing the plaintiff to reply with facts regarding discoverability, rather than being determined on a motion to strike prior to the filing of a defence.

The appellant, a medical doctor dismissed from a residency program, sued the university and several faculty members for various torts including conspiracy and intimidation.

The motion judge struck all claims against the individual respondents and the intimidation claim against the university, denying leave to amend.

On appeal, the Court of Appeal upheld the striking of the claims, finding the pleadings failed to distinguish individual acts from corporate acts or plead the essential elements of the torts.

However, the Court allowed the appeal in part, granting the appellant leave to amend her statement of claim since no prior amendments had been made and the motion judge provided no reasons for denying leave.