She was on her way to take bar exams when she suffered alleged shoulder injury
In proceedings involving injuries a woman allegedly sustained during an altercation with police while on her way to her scheduled bar admission exams, the Alberta Court of King’s Bench partly granted the injured party’s application to amend her pleadings.
On Nov. 18, 2019, the applicant in Okeke v Coyle, 2026 ABKB 475, went to the Calgary International Airport. She planned to board but ultimately did not take a WestJet flight to Toronto.
The altercation between the applicant and Calgary Police Service (CPS) officers occurred in the aircraft bridge area due to an issue with her identification documents. She received charges for causing a disturbance, endangering an aircraft, resisting arrest, and assaulting a peace officer.
On Feb. 4, 2021, the applicant brought a statement of claim against the former chief of police, other CPS members, WestJet, and placeholders for unidentified WestJet defendants.
Subsequently, the applicant applied to amend her pleadings to add causes of action, replace placeholders with now known names, expand the alleged injuries, and increase the damages sought.
Asserting defamation, the applicant said CPS’s alleged statements in materials and recordings – given during the Law Society of Alberta’s investigation of her transfer application in 2021 or 2022, during which she had to disclose the charges – assailed her professionalism.
The applicant claimed additional injuries, including shoulder and neck conditions that allegedly impaired her ability to work. Pursuant to her medical documents, she asserted a connection between her shoulder condition, which had become severe only recently, and the incident involving the police.
The applicant argued that her shoulder injury impaired and would keep hindering her ability to work as a lawyer. Thus, she wanted to increase her requested damages to $10 million to reflect additional injuries and new causes of action.
In its cross-application, WestJet sought:
- particulars about the amended statement of claim’s paragraphs 12, 24, 27, 30 to 34, 39–41, 42(c), 42(d), and 43
- the correction of errors in the pleading, if granted leave to amend
- leave to question the applicant on the further claims and alleged injuries
Application to amend partly succeeds
The Court of King’s Bench of Alberta would grant leave to amend if the applicant served and filed a further amended statement of claim properly pleading the permitted claims, correcting numbering errors, observing proper formatting, and consistently identifying the defendants in connection with each claim.
The court permitted the applicant to replace the placeholders with the now identified WestJet employees. The court also allowed her to amend her pleading to add injuries.
Regarding the conspiracy claim against WestJet and the CPS, the court permitted it, as long as the applicant properly asserted the material facts needed to support the alleged agreement, unlawful conduct, and consequent damage.
Regarding the defamation claim, the court allowed it only relating to statements arising from the Nov. 18, 2019, incident. The court ordered the applicant to delete the defamation and retaliation claims against the CPS arising from the Law Society investigation.
As the applicant partly based her request for increased damages on her claims concerning the Law Society investigation, the court denied this request, without prejudice to her ability to pursue amendments relating to damages before the trial judge.
Next, the court partly granted WestJet’s application for particulars regarding the conspiracy and defamation claims arising from the Nov. 18, 2019, incident and the alleged breach of the applicant’s Charter rights.
The court permitted WestJet and CPS to question the applicant on the added claims and alleged injuries after service of the amended pleading.
