Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38061
Woodstock Police Services Board, et al. v. Everton Brown
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-09-26 | Close file on Leave | |
| 2018-09-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-09-21 | Judgment on leave sent to the parties | |
| 2018-09-20 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C64141, 2018 ONCA 275, dated March 20, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2018-07-30 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-05-23 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-05-23 | Woodstock Police Services Board |
| 2018-05-17 | Certificate (on limitations to public access) | Everton Brown |
| 2018-05-14 | Respondent's response on the application for leave to appeal, (Book Form), Missing electronic version and form 23A (rc'd on 2018/05/17), Completed on: 2018-05-28 | Everton Brown |
| 2018-04-13 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2018/04/13 | |
| 2018-04-06 | Certificate (on limitations to public access), (Letter Form) | Woodstock Police Services Board |
| 2018-04-06 | Notice of name, (Letter Form) | Woodstock Police Services Board |
| 2018-04-06 | Correspondence received from, (Letter Form), Marie-France Major (by mail) Requesting that the application be sumbitted to the same panel as 37933. | Woodstock Police Services Board |
| 2018-04-06 | Application for leave to appeal, (Book Form), Missing CA order-rec'd 2018/04/12, Completed on: 2018-04-12 | Woodstock Police Services Board |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Woodstock Police Services Board | Applicant | Active |
| Detective Sergeant Becks, Officer Wright, Officer Sylvester, Officer Westlake | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Brown, Everton | Respondent | Active |
Counsel
Party: Woodstock Police Services Board
Counsel
Beth Belanszky
401-114 Dundas Street
London, Ontario
N6A 1G1
Telephone: (519) 672-2108
FAX: (519) 672-2436
Email: bmccall@mdolaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Detective Sergeant Becks, Officer Wright, Officer Sylvester, Officer Westlake
Counsel
Beth Belanszky
401-114 Dundas Street
London, Ontario
N6A 1G1
Telephone: (519) 672-2108
FAX: (519) 672-2436
Email: bmccall@mdolaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Brown, Everton
Counsel
515 Consumers Road Ste. 202
Toronto, Ontario
M2J 4Z2
Telephone: (416) 773-0309
FAX: (416) 773-0909
Email: obarnwell@ogblaw.com
Summary
Keywords
Limitation of actions – Whether the limitation period for an intentional torts starts on the date of the alleged tort or is delayed until the outcome of criminal proceedings arising from the same circumstances?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. Brown was arrested on February 13, 2013 and charged with criminal offences including assault. There was a struggle during his arrest and he sustained injuries. At trial, Crown counsel withdrew the charges in exchange for a peace bond. On May 13, 2016, three years and three months after the arrest, Mr. Brown commenced a civil action against the Woodstock Police Services Board and officers alleging battery, illegal search, wrongful arrest and detention, various related Charter breaches and malicious prosecution. The defendants brought a motion to have the claims dismissed on the basis they were not commenced within applicable statutory limitation periods. A motions judge dismissed the action. The Court of Appeal allowed an appeal.
Lower court rulings
Ontario Superior Court of Justice
39/16, 2017 ONSC 4218
Action dismissed
Court of Appeal for Ontario
C64141, 2018 ONCA 275
Appeal allowed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available