The plaintiff was parked in his vehicle with a friend when approached by police.
The police demanded his driver's licence, which he refused to provide, questioning the reason for the stop.
The police forcibly removed him from the vehicle, grounded him, handcuffed him, and searched his vehicle, finding only a Bluetooth device.
He was then released.
The plaintiff sued for negligence, assault, false arrest, and Charter breaches.
The court found the police were conducting a criminal investigation without articulable cause, not a Highway Traffic Act stop.
The detention, arrest, and search were unlawful, and the force used was unreasonable.
The court awarded the plaintiff and his family $59,800 in tort damages, but declined to award additional Charter or punitive damages.
