Case Overview:
John Olivares, the plaintiff, filed a claim against Saskatoon Police Services and individual officers, Avery Chad Spott, Eric Jelinski, Jesse Jackson, and Kevin Sanderson. The claim alleged false imprisonment, aggravated assault, and unlawful detention during an arrest on October 28, 2017. Olivares sought $6 million in damages.

Legal Issues:

1. Statute of Limitations: The defendants argued that the claim was statute-barred under The Limitations Act, Saskatchewan, which requires claims to be filed within two years of discovery.
2. Abuse of Process: The defendants claimed the suit was frivolous and vexatious under Rule 7-9 of The King’s Bench Rules and requested the claim be struck in its entirety.

Court Findings:

• The court determined Olivares had discovered his claim on December 6, 2017, when he pleaded guilty to a related charge under Section 88 of the Criminal Code.
• The claim, filed on April 11, 2023, exceeded the two-year limitation period, rendering it statute-barred.
• The court held that pursuing a statute-barred claim constituted an abuse of process and struck the claim entirely.

Costs and Award:
The defendants sought costs, but the court declined due to a fee waiver certificate filed by Olivares under The Fee Waiver Act, Saskatchewan. No costs were awarded.

Outcome:
The court struck the plaintiff’s claim in its entirety and ruled in favor of the defendants without awarding damages or costs.