A wrongful death claim against members of the RCMP has been struck after a judge ruled a Yukon woman waited too long to file the paperwork.

Grant Edwin McLeod died Aug. 30, 2008 while being arrested in Whitehorse.

His daughter, Elycia Carlick, filed a lawsuit naming seven members of the Whitehorse RCMP as well as the Attorney General of Canada, two years later, on Aug. 27, 2010.

The lawsuit alleges that the RCMP "restrained Mr. McLeod inappropriately, with excessive and deadly force under the circumstance, strangled him and failed to provide timely first aid care,” according to court documents.

A news release at the time of McLeod's death says he had been placed under arrest, when he resisted the officers and an altercation followed, Supreme Court Justice Ron Veale said in his decision made public this morning.

Within minutes of being handcuffed, he became unresponsive and died shortly afterward at Whitehorse General Hospital.

The doctor who conducted an autopsy concluded that McLeod died of cocaine intoxication.

Pre-existing heart disease, acute cocaine intoxication and "the stress of being subdued” were contributing factors, the doctor found.

"The autopsy showed numerous minor injuries of the face, neck and extremities,” the autopsy report says, adding this "could be due to a neck hold.”

Under the territory's Fatal Accidents Act, a person has one year to file a lawsuit.

Carlick's lawyer argued that the earliest the circumstance of McLeod's death were clear was after a coroner's inquest from Sept. 14 to 18, 2009, and that the year deadline should begin at that point.

But in his decision, Veale points out that, as part of the coroner's inquest, Carlick was sent multiple documents in July 2009. Those included statements from police officers, doctors and civilian witnesses and the autopsy report.

Even if the deadline begins when those documents were sent (July 2009) and not on the day of McLeod's death (August 2008), it is still more than a year before the lawsuit is filed, the judge said.

"I find that the wrongful death action was likely evident from the date of death and, in any event, clearly evident on receipt of the witness statements and autopsy report.” Veale writes.

"There is no evidence of any diligence by either the plaintiff or counsel for the plaintiff to investigate a cause of action before the expire of the limitation period.”

This may not be the last time the case makes an appearance in court.

Veale notes that a claim by Carlick, for "misfeasance in public office” remains and was not part of his decision.