The self-represented appellants appealed the dismissal of their Small Claims Court action against Winners and the Toronto Police Services Board arising from the detention and arrest of the appellant for shoplifting.
The appellants alleged false arrest, assault, and spoilation of video evidence, arguing the trial judge misapprehended the evidence and was biased.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's factual conclusions that the security personnel reasonably believed a theft occurred and lawfully detained the appellant.
The court also rejected arguments regarding delay in calling police, spoilation of evidence, and the admissibility of hearsay statements in medical records.
