Background: William Acheson filed a proposed class action regarding photo radar enforcement under The Highway Traffic Act. The action sought recovery for alleged overcharges on speeding fines issued from November 20, 2017, to November 12, 2021.

Legal Arguments/Issues:

• Plaintiff's Claim: Acheson argued that the fines were improperly calculated, resulting in overcharges, constituting unjust enrichment and negligent misrepresentation.
• Defendant's Motion: The Government of Manitoba sought to strike the statement of claim, arguing it was an abuse of process and disclosed no reasonable cause of action.
• Joinder of Winnipeg: Acheson also moved to join the City of Winnipeg as a defendant, which Winnipeg resisted, citing statute limitations and similar grounds as Manitoba.

Court's Analysis:

• Abuse of Process: The court found the plaintiff's claim did not constitute an abuse of process, as it did not challenge the underlying convictions but the fine amounts.
• Reasonable Cause of Action: It was not plain and obvious that the claims for unjust enrichment and negligent misrepresentation would fail. Claims for fraudulent misrepresentation and rectification were struck.
• Statute Barred: The court found it was not plain and obvious that the claim against Winnipeg was statute barred under the Public Officers Act and the Police Services Act.

Ruling:

• The motion to strike was dismissed except for the claims of fraudulent misrepresentation and rectification.
• The motion to join Winnipeg as a party was granted.

Costs/Awards:

• No costs were awarded, per the parties’ agreement.