Background

Sampson rented a car from Enterprise while his insured vehicle was repaired. TD Insurance stopped covering the rental as of September 29, 2020, but Sampson refused to return it. Enterprise reported the car stolen on October 22, 2020. On October 28, 2020, while returning the vehicle, Sampson was arrested for causing a disturbance. The charges were dismissed on June 24, 2021.

Sampson later filed a civil lawsuit (June 15, 2023) against TD Insurance (breach of contract, negligence), Enterprise (negligence, false reporting), and police defendants (false imprisonment, negligent investigation, defamation, Charter breaches).

Key Ruling on Limitation Periods

• The Court found claims against TD Insurance and Enterprise (except malicious prosecution) were time-barred.
• Sampson sought to override limitation defenses under Section 12(3) of the Limitation of Actions Act.
• The Court ruled his police-related claims could proceed, given no significant prejudice to the defendants and his reasonable delay due to a Police Act complaint.

Outcome

• Police claims (false imprisonment, malicious prosecution, Charter breaches) proceed.
• TD Insurance & Enterprise claims (except malicious prosecution) dismissed.
• Costs pending further submissions?.
• No specific monetary award was granted in this decision.