The appellants, two political candidates, were forcibly arrested by mall security guards for trespassing after soliciting in a shopping centre.
At trial, a jury found the arrest lawful but awarded damages to one appellant for excessive force.
The appellants appealed.
The Court of Appeal allowed the appeal and ordered a new trial, holding that the trial judge erred by failing to instruct the jury to consider whether a forcible arrest was a reasonable course of action in the first place, as required by the Supreme Court of Canada's decision in R. v. Asante-Mensah.
