The appellants appealed a small claims court decision dismissing their claim for damages arising from their detention and search by police officers.
The officers were investigating a break and enter and detained the appellants as they walked past the scene.
The Superior Court of Justice allowed the appeal, finding that the trial judge committed a palpable and overriding error in concluding there were reasonable grounds for investigative detention.
The court also found the appellants were de facto arrested, not merely detained.
However, the court upheld the finding that the search for weapons was reasonable.
The appellants were each awarded $500 in damages for false arrest and imprisonment.
