Court Of Appeal Overturns Trial Decision On Police Negligence Investigation, False Arrest, False Imprisonment And Charter Breach

In Tremblay v. Ottawa (Police Services Board), 2018 ONCA 497, the Ontario Court of Appeal overturned the trial decision of Aitkin J. finding the Ottawa Police Service Board ("OPSB") liable for negligent investigation, false arrest, unlawful detention, unlawful imprisonment and breach of Charter rights.

Background

The plaintiff and his wife were involved in a prolonged dispute with their neighbours. The OPSB was called and consequently, the investigating officer, Sergeant Aylen ("Sgt. Aylen"), charged the plaintiff with intimidation and mischief. During the course of the investigation, Sgt. Aylen also obtained a public safety firearms warrant and searched the plaintiffs' home, seizing firearms and ammunition.

At the criminal trial, the plaintiff was convicted of the mischief charge and acquitted on the intimidation charge.

The plaintiff and his wife sued the OPSB, Sgt. Aylen and other members of the OPSB. The trial judge found Sgt. Aylen liable for negligent investigation, false...