The defendants brought a motion for summary judgment dismissing claims alleging assault, battery, false arrest, false imprisonment, malicious prosecution, abuse of process, and breaches of Charter and human rights.
The action arose after the plaintiff refused to leave a retail store following a dispute over a refund and was subsequently detained by mall security and charged by police.
The court found that the moving defendants neither physically touched the plaintiff nor participated in his detention, arrest, or prosecution.
The evidence showed the detention was carried out by mall security and police after the plaintiff repeatedly refused to leave the premises.
The court concluded there was no genuine issue requiring a trial and dismissed the claims against the moving defendants.
