PRACTICE |
Limitation of Actions |
Baron v. Canada
T-1905-96
Dawson J.
29/2/00
13 pp.
Motion for summary judgment seeking dismissal of plaintiff's claim on ground statute barred under National Defence Act, s. 269(1)--Plaintiff member of Canadian Armed Forces--Arrested on 6 separate occasions by military police, charged with various criminal offences--Held in custody for total of approximately 10 days--Statement of claim issued by plaintiff on August 21, 1996 alleging negligence, wrongful arrest, detention--Whether plaintiff's claim barred under National Defence Act, s. 269(1)--All of allegedly wrongful acts of arrest, detention at end by November 28, 1995--Action not commenced within time required by Act--Evidence not clear whether matters leading to suspension, recommendation for release related to, flowing from allegedly wrongful arrest, detention--Plaintiff not meeting requirement when faced with motion for summary judgment to set out in evidence facts establishing genuine issue for trial as to whether statement of claim issued within limitation period--Upon evidence before Court, no genuine issue for trial as to when cause of action accrued--Action not commenced within time frame required by Act, s. 269(1)--Whether, if prescription provision of Act bars claim in tort, plaintiff's claim for relief under Charter survives--No proper evidentiary basis before Court to allow proper adjudication of question--Further evidence required--Defendant entitled to judgment dismissing all of claims advanced by plaintiff except claim under Charter, ss. 9, 24(1)--National Defence Act, R.S.C., 1985, c. N-5, s. 269(1)--Canadian Charter of Rights and Freedoms, being Part I of Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 9, 24(1).