Canada Case Law

Scala v. Toronto (Police Services Board)

Court

Court of Appeal for Ontario

The appeal is dismissed because the trial judge’s factual findings and credibility determinations were supported by the evidence and not the subject of palpable and overriding error; the police conduct was objectively reasonable and not excessive; the trial judge’s costs awards were a proper exercise of discretion, and the Court orders partial indemnity costs of $10,000 payable by the appellant to the police respondents.

Source excerpt

• Excessive use of force
• Criminal code s.25(1)
• Credibility findings
• Costs

Read case analysis

R. v. Tait

Court

Supreme Court of British Columbia

On a voir dire in a manslaughter trial, the court excluded most proposed defence evidence as irrelevant to what the officer knew when he acted, but allowed limited expert evidence on impaired driving.

• Self-defence
• Statutory defences ss.25 and 34 criminal code
• Admissibility of evidence
• Objective vs subjective reasonableness
• Expert evidence
• Officer‑generated jeopardy

Read case analysis

Mohamed v. Vancouver (City of)

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal over injuries caused by a police dog, holding the officer’s use of force was justified and not negligent.

• Excessive force
• Assault and battery
• Police dog deployment
• Municipal liability for training
• Criminal code s.25 justification
• Police-use-of-force

Read case analysis