C. Justin Griffin

The appellant police services board appealed a Divisional Court decision finding that its officers unlawfully entered the respondent's home and unlawfully arrested him.

The officers entered the respondent's apartment without a warrant or consent to arrest him for failing to remain at the scene of an accident.

The Court of Appeal held that the officers were not protected from civil liability for trespass and false arrest by section 25 of the Criminal Code or the common law, as they lacked legal authorization to enter the dwelling following the Supreme Court's decision in Feeney.

The appeal was dismissed.

The appellant police services board appealed a judgment imposing civil liability for an allegedly unlawful warrantless arrest arising from a neighbourhood assault complaint.

The court held that the lower courts erred by treating non-compliance with s. 495(2) of the Criminal Code as sufficient to establish arbitrary detention under s. 9 of the Charter.

Applying prior authority, the court found the arresting officer had reasonable and probable grounds, acted in the public interest context of escalating neighbour conflict, and did not act capriciously, despotically, or unjustifiably.

The appeal was allowed, liability for the first arrest was set aside, and damages were reduced from $6,000 to $3,000 to reflect the uncontested second arrest.