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Limitations - False Arrest/Imprisonment

Torts - False Arrest/Imprisonment - Limitations

Kolosov v. Lowe’s Companies Inc. (Ont CA, 2016)

In this case the Court of Appeal commented as follows on when a limitation period commences tolling in respect of the torts of false arrest and false imprisonment:
Second Ground – The Claims were Statute-Barred

[11] The law in relation to the commencement of the limitation period for the intentional torts of false arrest and false imprisonment, and associated Charter breaches, is well settled. As Chiappetta J. noted in Fournier-McGarry (Litigation Guardian of) v. Ontario, 2013 ONSC 2581 (CanLII), at para. 16:
A claim for the common law torts of false arrest, false imprisonment and breach of Charter rights arising there-from crystallizes on the date of arrest (see, Nicely v. Waterloo Regional Police Force, 1991 CanLII 7338 (ON SC), [1991] O.J. No. 460 (Ont. Div. Ct.), para. 14; Fern v. Root, 2007 ONCA 79 (CanLII), [2007] O.J. No. 397 (Ont. C.A.), para. 102).
[12] The appellants offer no authority for their submission that their causes of action did not arise, and the limitation period did not begin to run, until they had received full police disclosure. Not having commenced this action until after the two-year period from the time of arrest had expired, their claims in this respect are statute-barred.


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