Court of Appeal for Ontario
Weiler, Epstein and Brown JJ.A.
BETWEEN
Changhyun Park
Appellant
and
Jim Whittle, Dave Maniaci, Christopher Wegelin, Regional Municipality Niagara Police Service Board, Ijaz Ahmad, Surriya Ahmed, and Michael Thomas
Respondents
Counsel:
Bedawi Tago, for the appellant
Stephen Chisholm, for Jim Whittle, Dave Maniaci, Christopher Wegelin and the Regional Municipality Niagara Police Service Board
Hassan Ahmad, for Ijaz Ahmad and Surriya Ahmed
Heard: February 12, 2015
On appeal from the order of Justice Richard A. Lococo of the Superior Court of Justice, dated March 13, 2014.
APPEAL BOOK ENDORSEMENT
1In this action the appellant claims damages for injuries, primarily psychological, arising out of a fire that occurred on October 23, 2009.
2The action was dismissed as being statute-barred. The appellant appeals that dismissal.
3In our view, the appeal must fail.
4The statement of claim was issued September 4, 2013, outside the two-year limitation period prescribed by s. 4 of the Limitations Act.
5Relying on discoverability does not assist the appellant as it is clear that he was aware of his psychological difficulties allegedly caused by the fire, in July 2011.
6Given the action was brought out of time, it is not necessary to deal with the other grounds of appeal.
7The appeal is dismissed with costs in the amount of $2,500, all inclusive to be divided between the two respondents, in the proportion to be determined by them.