COURT OF APPEAL FOR ONTARIO
RE:
JEAN BROWN (Appellant) and THE PEMBROKE POLICE SERVICES BOARD, CHIEF DONALD KIDDER, SERGEANT ISADORE RADKE SERGEANT DICKIE, CONSTABLE GAGNE AND CONSTABLE PEARSON (Respondents)
BEFORE:
GOUDGE, SIMMONS AND GILLESE JJ.A.
COUNSEL:
Emilio S. Binavince
for the appellant
James Wilson
for the respondent
HEARD & ENDORSED:
June 20, 2003
On appeal from the judgment of Justice Jennifer MacKinnon of the Superior Court of Justice dated October 29, 2002.
A P P E A L B O O K E N D O R S E M E N T
1In our view Rule 20.04(4) provided a proper basis for the motions judge to decide the question of law on this motion.
2As to the malicious prosecution claim we need not finally pronounce on her answer to the question of law, because we agree with the motions judge that this claim cannot be said to have been properly pleaded until 2002 and is therefore prescribed.
3As to the first defamation claim, it too was not pleaded until 2002 and is clearly presented.
4As to the second defamation claim arising from the March 29, 1993 letter there is nothing on the record to indicate that it was written outside the scope of the author’s authority. On its face, the opposite appear to be the case. The limitation period in the P.A.P.A. was therefore properly applicable and the motions judge was correct in finding this claim is prescribed as well.
5In the result, the appeal is dismissed. Costs fixed on a partial indemnity basis at $3000.