Ryan W. Kennedy

The plaintiff sought to amend her statement of claim to add TQ Landscapes as a defendant, alleging she slipped on ice in a parking lot.

TQ Landscapes argued the claim was statute-barred due to the expiration of the limitation period.

The court found the plaintiff subjectively discovered her claim against TQ Landscapes on March 5, 2019, when she received documents identifying TQ as the snow removal contractor.

However, the court was unable to determine the date a reasonable person would have discovered the claim, thus allowing the amendment but permitting TQ Landscapes to plead a limitation defence.

The defendants brought a motion under Rules 21 and 25 of the Rules of Civil Procedure to strike portions of a Fresh As Amended Statement of Claim arising from a dispute between university students and a university regarding campus activities and disciplinary actions.

The plaintiffs alleged Charter breaches, negligence, and other claims relating to the university’s response to their activities and alleged involvement with police.

The court held that the Charter claims disclosed no reasonable cause of action because the pleadings failed to establish that the university was implementing a government program or acting as government under s. 32 of the Charter.

Claims against the individual defendants were also struck as the pleadings did not establish personal liability outside the scope of their employment.

However, the negligence claim against the university itself was permitted to proceed as the amended pleadings sufficiently alleged a potential duty of care and resulting harm.