Thomson v. Durham (Police Services Board)Posted December 5, 2017
2017 ONCA 958; Lerners acted for the respondent, the Durham Regional Police Services Board, after successfully obtaining summary judgment dismissing the appellants’ action as statute barred under the Limitations Act, 2002. The issue on the plaintiffs’ appeal was whether an order of disposition under s. 490(9) of the Criminal Code fell under s. 16(1)(b) of the Limitations Act, 2002, which provides for no limitation period for the enforcement of a court order. The Court of Appeal found that the appellants’ action fell outside the scope of s. 16(1)(b) as it sought monetary damages. The appeal was dismissed.