Former psychiatric patients alleged that experimental ‘social therapy’ programs at a provincial psychiatric facility between 1968 and 1979 constituted torture and unlawful experimentation.
The plaintiffs moved to amend their statement of claim to add five additional former patients as plaintiffs decades after the events.
The defendants argued the claims were statute‑barred under historical limitation provisions in the Medical Act, Health Disciplines Act, Mental Hospitals Act, and Mental Health Act.
The court held it was not plain and obvious that those limitation provisions applied where the alleged conduct amounted to torture rather than professional services or treatment.
The motion to amend and add the additional plaintiffs was granted without prejudice to the defendants’ right to later raise limitation defences.
