Wrongful Arrest (Civil Damages)

Can v. Calgary Police Service, 2012 ABQB 340 (CanLII)

[64] To establish his false arrest/wrongful imprisonment claim, Mr. Can must initially demonstrate that he was completely deprived of his liberty by the police, against his will. If this can be demonstrated, the onus shifts to the defendants to show that the defendants were justified at law. The defendants can justify the detention by showing that there were reasonable and probable grounds for the arrest: R v. Storrey at 250. There is no genuine issue for trial in a claim of false arrest/wrongful imprisonment where the evidence establishes that there were reasonable and probable grounds: Wong v. Toronto Police Services Board at paragraphs 74-77.

[65] Given my conclusion that there were reasonable and probable grounds to arrest Mr. Can, his claim for false arrest/wrongful imprisonment is summarily dismissed