The plaintiff brought an action for malicious prosecution and Charter breaches against the Crown and the Toronto Police Services Board, arising from a 2013 police shooting during the execution of a search warrant and his subsequent criminal prosecution, which ended in acquittals in 2014.
The plaintiff sought leave under the Crown Liability and Proceedings Act to continue his claim against the Crown.
The Board moved for summary judgment based on the expiry of the limitation period, and the Crown moved to strike the Charter claims.
The court denied leave, finding no reasonable possibility of success for the malicious prosecution claim.
The court granted summary judgment to the Board, as the action was commenced more than six years after the acquittals and the plaintiff failed to rebut the presumption of discoverability.
The Charter claims against the Crown were also struck for disclosing no reasonable cause of action.
