The plaintiffs, Christopher McCullough and Nicholas Nossey, along with their Family Law Act claimants, sued the Hamilton Police Services Board and individual officers for damages arising from malicious prosecution, false imprisonment, negligent investigation, and breach of Charter rights.
McCullough and Nossey were jointly charged with murder in 1990; Nossey was acquitted, and McCullough's conviction was set aside on appeal, with the Crown declining a new trial.
The court found that the police had objectively reasonable grounds for the arrests of both McCullough and Nossey, dismissing all claims for malicious prosecution, negligence, and false imprisonment.
