Neil Jones

The plaintiffs, Christopher McCullough and Nicholas Nossey, along with their Family Law Act claimants, sued the Hamilton Police Services Board and individual officers for damages arising from malicious prosecution, false imprisonment, negligent investigation, and breach of Charter rights.

McCullough and Nossey were jointly charged with murder in 1990; Nossey was acquitted, and McCullough's conviction was set aside on appeal, with the Crown declining a new trial.

The court found that the police had objectively reasonable grounds for the arrests of both McCullough and Nossey, dismissing all claims for malicious prosecution, negligence, and false imprisonment.

The plaintiff sued the police and the Crown for injuries sustained when he was bitten by a police dog during his arrest.

The plaintiff had fled from a vehicle and hidden in tall grass, prompting the police to deploy a canine unit.

The dog located the plaintiff and bit him, following its 'bite and hold' training.

The court dismissed the action, finding that the police had reasonable grounds to use the dog and that the 'bite and hold' policy was not unreasonable.

The court assessed the plaintiff's general damages at $40,000 in the alternative.