Appeal from a trial judgment finding police liable for negligent investigation, false arrest, unlawful detention, unlawful imprisonment, and Charter breaches arising from the arrest of the respondent and execution of a public safety firearms warrant at his residence.
The trial judge awarded over $50,000 in damages.
The appellants appealed, arguing the trial judge erred in imposing a standard of care inconsistent with established jurisprudence, failed to apply proper legal tests, and engaged in impermissible second-guessing of police discretion.
The Court of Appeal allowed the appeal and dismissed the action, finding the trial judge had erred in multiple respects including defining the standard of care without evidentiary basis, misapplying the reasonable and probable grounds test, and conducting improper warrant review.
