What is the test for asserting that an impending threat to take something is a seizure under s. 8 of the Charter?
Ontario, Canada
The following excerpt is from PSC Industrial Services Inc. v. Ontario (Ministry of the Environment), 2004 CanLII 31802 (ON SCDC):
The plaintiff relies on the Hunter v. Southam Inc. 1984 CanLII 33 (SCC), [1984] 2 S.C.R 145 case to state that an impending threat to take something may in fact be a seizure within the meaning of s. 8 of the Charter.
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