The plaintiff sued the Crown (Ontario) for false arrest and negligent investigation arising from her arrest by OPP Constable Morrison on December 2, 2017, following 911 calls from her husband reporting she had a knife and was threatening self-harm.
The plaintiff was charged with assault, assessed at a hospital, and released on a Promise to Appear.
Twenty days later, she entered into a Common Law Peace Bond with Crown consent, and the assault charge was withdrawn.
The court found that the officer had reasonable and probable grounds to arrest the plaintiff based on the husband's account that she had punched him approximately 10 times.
The court also held that the Peace Bond disposition precluded the tort claims, as entering into a Peace Bond does not constitute a termination of proceedings in the plaintiff's favour.
The action was dismissed.
