The appellant appealed a Small Claims Court order striking his claim for assault and Charter breaches against customs officials.
The deputy judge had struck the claim on the basis that there was no medical evidence of injuries and the officers acted reasonably.
The appellate court allowed the appeal, finding that the deputy judge erred by applying the test for summary judgment rather than the test for a motion to strike.
The court held that credibility issues and the assessment of evidence must be left for trial, and reinstated the claim with leave to amend.
