DATE: 20030623

DOCKET: C39169

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

[1] In our view Rule 20.04(4) provided a proper basis for the motions judge to decide the question of law on this motion.

[2] As 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.

[3] As to the first defamation claim, it too was not pleaded until 2002 and is clearly presented.

[4] As 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.

[5] In the result, the appeal is dismissed. Costs fixed on a partial indemnity basis at $3000.