Tamar Friedman

The defendants brought a motion to strike parts of the plaintiff's statements of claim arising from alleged wrongful arrests related to an investigation into unpasteurized milk.

The Crown argued the claims against two police officers were statute-barred and the claims against a provincial investigator failed to disclose a reasonable cause of action for malicious prosecution and misfeasance in public office.

The court dismissed the motion, finding the claim against the officers was issued in time despite late service, and the pleadings against the investigator adequately alleged the necessary elements of the torts.

The defendants brought a motion to stay the plaintiff's action or remove the plaintiff's counsel, alleging improper use of inadvertently disclosed privileged documents.

The court found that the plaintiff's failure to destroy one electronic copy of a privileged document and its subsequent limited use were inadvertent and caused no prejudice to the defendants.

The court dismissed the request for a stay and removal of counsel but granted ancillary relief ordering the destruction of the privileged documents and prohibiting their further use.