McHale v. Lewis 2018 Ont C.A.
Pleadings motion. The plaintiffs pleaded conspiracy and a number of torts that arose out of the conspiracy. The court confirmed that a plaintiff could not obtain damages for conspiring to commit a tort and for committing the tort itself (i.e. the tort of conspiracy merged with the alleged torts committed). However, the court re-iterated that merger could not take effect until after the trial was held and a decision made as to the conspiracy and the torts committed. The court also noted that pleadings motions normally has to be brought after the pleadings are closed. It is a rare case in which the defendant can bring a limitations motion before the statement of defence because the motion judge needs to understand the extent to which the plaintiff will rely on discoverability.
Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.