The appellant appealed a Small Claims Court decision granting a non-suit and dismissing his claims for false arrest, unlawful search, and Charter breaches against the police.
The appellant had been arrested for possession of property obtained by crime after police observed him with multiple bicycles and parts late at night.
The Divisional Court dismissed the appeal, finding the trial judge correctly concluded that the appellant's own evidence established the police had reasonable and probable grounds for the arrest, meaning no prima facie case was made out.
