The plaintiff brought a civil action alleging assault, sexual assault, harassment, intentional infliction of mental distress, discrimination under the Ontario Human Rights Code, and negligence arising from her arrest by police officers following an altercation during a traffic stop.
The court considered whether the officers used excessive force during the arrest and detention, whether sexualized comments and touching constituted sexual assault, and whether the conduct amounted to intentional infliction of mental suffering.
The court relied in part on the plaintiff’s prior guilty plea to obstructing a police officer and accepted the officers’ evidence that the plaintiff had bodychecked one officer and resisted arrest.
It held that the police were justified in using reasonable force under s. 25(1) of the Criminal Code and that the plaintiff failed to prove the alleged torts on a balance of probabilities.
Claims under s. 46.1 of the Ontario Human Rights Code were also dismissed because the provision was not in force at the time of the events.
