Can a motion to strike out an assault claim against a corrections guard be successful?

Ontario, Canada


The following excerpt is from Conklin v. Ontario, 2018 ONCA 726 (CanLII):

In reaching her conclusion, the motion judge relied, in part, on the decision in Persaud v. Ontario (Attorney General), [2008] O.J. No. 2953 (S.C.J.). In that case, the plaintiff had commenced three different actions making various allegations including abuse to which she was subjected at the Centre East Detention Centre. The defendants brought motions to strike out the claims. In referring to one of the claims that alleged an assault by a corrections guard, Horkins J. said, at para. 55: However, it is not just the lack of particulars in the statement of claim that renders the claim against the guard defective. If an assault occurred then the plaintiff may have a cause of action but it is against Her Majesty the Queen in Right of Ontario, not the guard.

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