The appellant appealed the dismissal of its motion for summary judgment, which sought to dismiss the respondent's action for false arrest, false imprisonment, and Charter breaches as statute-barred.
The respondent had been detained by the CBSA for 467 days before being deported, but only discovered evidence of alleged CBSA misconduct years later when internal notes were disclosed in separate litigation.
The Court of Appeal upheld the motion judge's finding that the presumptive limitation period starting on the date of arrest was rebutted, as the respondent did not have sufficient material facts to discover his claim until the internal notes were disclosed.
The appeal was dismissed.
