05/03/2013 06:38 EDT | Updated 07/03/2013 05:12 EDT

B.C. man can sue Vancouver for assault, false imprisonment by police officers

VANCOUVER - A B.C. Supreme Court justice says a man can go ahead with a lawsuit against the City of Vancouver over allegations of assault and false imprisonment by two police officers.

Richard Cyr claims his right arm was injured and he was partially disabled after a Feb. 16, 2009 traffic stop and arrest.

He alleges his arms were forced up behind his back, he was slammed against his vehicle and kneed in the legs.

Lawyers for the city asked Justice Nathan Smith to dismiss the action because Cyr filed his lawsuit Aug. 8, 2011, two and a half years after the incident and six months after a limitation period expired.

But Smith ruled the limitations period didn't actually begin until Nov. 10, 2010, when he received emails and letters from the city and a report by a Vancouver police inspector found the officers had lawfully arrested Cyr but used excessive force.

The allegations haven't yet been proven in court and no trial date has been set.