It is clear from the evidence the plaintiff had knowledge that litigation was available to him as a remedy for the damages he had suffered at the hands of the police. Whether and to what extent he may have been found criminally responsible for the offences with which he had been charged was in no way determinative of whether or not he had been the subject of excessive force and assaulted by police. The assault is a separate and distinct cause of action from the negligent investigation cause of action. As was recognized in West v. Her Majesty the Queen in Right of Ontario,[4] where the two claims protect different legal interests, they cannot be joined by the same limitation period. In West, the court noted the difference between a claim in negligent investigation and a claim based on a breach of privacy and upheld the finding of the lower court dismissing the negligent investigation claim as being statute-barred and allowing the breach of privacy claim to proceed.
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