The plaintiff brought a Small Claims Court action alleging false arrest after being detained overnight by police and charged with being intoxicated in a public place under s. 31(4) of the Liquor License Act.
The criminal charge was later withdrawn when the arresting officer was unavailable for trial.
The court examined whether the arresting officer had reasonable and probable grounds to believe the plaintiff was intoxicated and whether arrest was necessary for safety under the statute.
The court found that although the officer observed signs consistent with alcohol consumption and possible impairment, the evidence did not establish the level of intoxication required by law or a legitimate safety concern justifying arrest.
Judgment was granted for the plaintiff with modest damages reflecting the short duration of detention and limited harm.
