St-Onge v. Canada
T-1212-90
Hugessen J.
30/11/99
6 pp.
Application for summary judgment asking plaintiff's action be dismissed as statute-barred-Amended statement of claim alleged defendant's officials, employees of Canada Employment Centre (CEC) in Timmins, Ontario, committed series of delicts and quasi-delicts against plaintiff-On February 22, 1984 CEC told plaintiff verbally services would no longer be available because of his refusal to take advice of one of its advisors and undergo psychological examination-As cause of action arose in Ontario, Ontario law on limitation of actions applies-Plaintiff's action not brought until May 1990, over six years after CEC's refusal to continue providing its services-Action in tort based on delicts which are at same time infringements of Charterguaranteed rights subject to limitation of actions generally applicable to any action of delictual nature-Existing legislation and procedures continued to apply except where clearly inconsistent with Charter itself-Limitation period generally applying to all actions of same nature and not discriminating against certain groups of litigants not in any way contravening Charter-Part of application alleging infringements of equality right must be dismissed as each incident allegedly took place before April 1985, date on which Charter, s. 15 came into effect-Plaintiff wrong to argue series of delicts or quasi-delicts, each giving rise to new right of action-Actually application over time of single decision-Even if plaintiff right in arguing decision wrong and so gave rise to cause of action, implementation over period of several years did not thereby extend applicable limitation period-Application allowed-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], s. 15.