Esopenko v RM of Garden River #490

canada, canadian, case law, court opinion, canlii, skca, 2026skca102, 2026 skca 102 (canlii), 2026, skca, 102, (canlii), cacv4413, 2026, procedure, pleadings, motion to strike, the king’s bench rules, rule 7, 9, whether claims could be struck as time barred and for no reasonable cause of action, plain and obvious threshold, hunt v carey canada inc., abuse of process analysis, walker v mitchell, striking and amendment rulings upheld on appeal, appeal dismissed, limitation periods, municipal limitation, discoverability, the municipalities act, s. 344(1), the limitations act, s. 6, whether action was brought and served within one year of discovery, knowledge of essential elements from pleadings and counsel correspondence, claim barred despite discoverability arguments, appeal dismissed, procedure, pleadings, reasonable cause of action, the king’s bench rules, rule 7, 9(2)(a), whether bad faith pleaded against an individual respondent disclosed a reasonable claim, bad faith not a standalone cause of action, alberta v elder advocates of alberta society, no remedy sought on the remaining bad faith pleading, claim struck, appeal dismissed, labour and employment, employment contract, constructive dismissal and wrongful termination, whether constructive dismissal option affects when the limitation clock starts, constructive dismissal and wrongful termination as breach of employment contract, cessation of employment as the act or omission for discovery, potter v new brunswick (legal aid services commission) considered, no tolling recognised, appeal dismissed, procedure, amendments, abuse of process, the king’s bench rules, rule 7, 9(2)(e), whether proposed negligence amendment against an individual respondent was properly refused as statute barred, plaintiff knew by the latest pleaded date of communications causing injury, amendment would be liable to be struck as time barred, amendment denied, appeal dismissed