The defendant Ministry moved under rule 21.01(1)(a) of the Rules of Civil Procedure to strike the plaintiff’s statement of claim for failure to provide the Crown with 60 days’ notice under s. 7(1) of the Proceedings Against the Crown Act.
The plaintiff had previously filed a judicial review application and affidavit outlining allegations against the Ministry and later indicated verbally that a civil action would follow.
The court held that the documentation provided sufficient particulars identifying the source of the complaint and communicated a dispute that could reasonably be anticipated to result in litigation.
Contextual verbal communication between counsel could be considered to provide context to the written materials.
The court concluded that the notice requirement had been satisfied and dismissed the motion.
