Canada Case Law

S.T.H. v. Ivanhoe Cambridge Inc.

Court

Supreme Court of British Columbia

Defendants admitted liability for assault, battery, false arrest and false imprisonment; on the evidence the guards used excessive and unjustified force causing compensable physical injury and chronic PTSD; plaintiff did not fail to mitigate; aggravated harm is reflected in an augmented non-pecuniary award; Paladin's training and investigatory failures constituted conduct referable to the employer warranting punitive damages against Paladin alone; damages quantified accordingly.

Source excerpt

• Assault and battery
• False arrest
• False imprisonment
• Aggravated damages
• Punitive damages
• Causation

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Kepa v. Catlin

Court

Supreme Court of British Columbia

The court struck most of Marty Kepa’s further amended claim as prolix and untenable, but allowed a limited amendment focused on the March 2002 arrest and charges.

• Strike under rule 9-5
• Pleadings and prolixity
• Limitation and delayed discovery
• False arrest
• Police act s.11(1)(b)
• Costs

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Land v. Dryden (Police Services Board)

Court

Court of Appeal for Ontario

The Court held the motion judge correctly found the claims against the Society defendants statute-barred under the Limitations Act because the appellants failed to rebut the presumption of discovery and provided no evidentiary foundation for s.5(1)(b) exceptions. The Court set aside the motion judge's finding that the entry was lawful under CFSA s.40 because there was no evidence and no finding that the s.40(7)(b) requirement (belief of substantial risk to the child's health or safety during the time necessary to obtain a warrant) was met; accordingly the summary judgment dismissal of the app…

Source excerpt

• Limitations period
• Warrantless entry under cfsa s.40
• Negligence
• False arrest
• False imprisonment
• Assault and battery

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Hall v. Niagara (Police Services Board)

Court

Court of Appeal for Ontario

The trial judge’s credibility finding that the arresting officer lacked subjective reasonable and probable grounds was decisive and entitled to deference; together with findings that objective grounds were weak and that the officer acted for an improper purpose (malice), these findings supported liability for malicious prosecution, false arrest and negligent investigation and warranted affirming the damages and costs awards.

Source excerpt

• Malicious prosecution
• False arrest
• Negligent investigation
• Damages
• Costs

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M.P.W. v. Victoria (City)

Court

British Columbia Court of Appeal

Application granted on conditions to remove the appeal from the inactive list, despite considerable delay and weak apparent merits, because the interests of justice favoured limited accommodation.

• Inactive list
• Abandonment
• Extensions of time
• Accommodation of litigants with disabilities
• Credibility findings
• False arrest

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P.Y. v. Ontario (Attorney General)

Court

Court of Appeal for Ontario

The Court dismissed the appeal because the motion judge correctly applied Hryniak in granting summary judgment, correctly held the police claims were time‑barred under the Limitations Act, correctly found objectively and subjectively reasonable and probable grounds for the prosecution (defeating malicious prosecution), and correctly applied statutory immunity for the Crown prosecutor, leaving no genuine issues for trial.

Source excerpt

• Summary judgment
• Limitations period
• Malicious prosecution
• Crown prosecutor immunity
• Discoverability
• False arrest

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Vu v. Canada (Attorney General)

Court

Court of Appeal for Ontario

The presumption that discoverability occurs at the date of arrest (per Kolosov) can be rebutted under s.5 of the Limitations Act; on the facts the motion judge reasonably found the respondent did not have sufficient facts to bring his claim until disclosure of the CBSA Notes on June 10, 2015, so the action commenced October 7, 2016 was within the two-year limitation period; the appeal is dismissed.

Source excerpt

• False arrest
• False imprisonment
• Charter breaches
• Limitations
• Discoverability
• Due diligence

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Moinzadeh v. Loblaws Inc.

Court

Supreme Court of British Columbia

The court dismissed a personal injury action arising from a security guard’s citizen’s arrest of a shoplifter, finding the arrest lawful and the force used reasonable.

• Citizen's arrest
• Use of force
• Assault/battery
• False arrest
• Vicarious liability
• Costs

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M.W. v. Halton (Police Services Board)

Court

Court of Appeal for Ontario

The Court of Appeal concluded the motion judge correctly found objectively reasonable grounds existed for the March 23, 2016 arrest based on the child’s spontaneous detailed disclosure and prior complaints, and that the arresting officer was not required to exhaust further investigatory steps; however the motion judge erred by dismissing non-Charter tort claims related to the February 18, 2015 interaction without addressing them, so those tort and Charter claims as to February 2015 are permitted to proceed.

Source excerpt

• False arrest
• False imprisonment
• Negligent investigation
• Malicious prosecution
• Misfeasance in public office
• Charter ss.7,9,10(b)

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Qiao v. Owners, Strata Plan LMS 3863

Court

Supreme Court of British Columbia

The court found a mall security guard unlawfully detained Ms. Qiao, making the employer vicariously liable. Defamation and mental suffering claims failed.

• Assault
• Battery
• False arrest
• False imprisonment
• Intentional infliction of mental suffering
• Defamation

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