The appellant, a Canadian citizen, was arrested and detained for eight days pursuant to a provisional arrest warrant requested by Germany for extradition purposes.
He sued Germany for damages for personal injuries (mental distress, denial of liberty, damage to reputation) resulting from his arrest.
Germany claimed sovereign immunity under the State Immunity Act.
The Supreme Court of Canada held that Germany did not waive its immunity by initiating the extradition process, as the civil action was separate.
Furthermore, the 'personal injury' exception in s. 6(a) of the Act applies only to physical injury, not to the mental distress or loss of liberty claimed by the appellant.
The action against Germany was dismissed.
