The plaintiff sued the Niagara Regional Police Services Board and several officers for negligent investigation and Charter breaches after being arrested and detained for 78 days on charges that were ultimately withdrawn.
Following a 9-day trial, the court found that while one officer breached the standard of care by failing to review a video interview, this omission did not cause the plaintiff's continued incarceration.
The court concluded the police had reasonable and probable grounds for the arrest and the plaintiff failed to mitigate his damages.
The action was dismissed.
