In what circumstances will a plaintiff be awarded damages for false arrest, wrongful imprisonment, Charter violation and Charter violation?
Ontario, Canada
The following excerpt is from Patricia Magiskan v The Police Services Board of the City of Thunder Bay et al, 2011 ONSC 7334 (CanLII):
In Small v. Stec, [2009] O.J. No. 426 (S.C.J.), the plaintiff claimed damages for false arrest, wrongful imprisonment, related tort claims and for breach of Charter rights. Citing the test in Storrey, the court observed at para. 63: The standard of care should be applied in a manner that gives due recognition to the discretion inherent in police investigations. Police officers may make minor errors or errors in judgment and not breach the standard.
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