Babyn v. Canada
T-741-89
MacKay J.
17/12/93
25 pp.
Plaintiff seeking damages for injury and loss allegedly caused by wrongful actions of RCMP officers acting in course of employment -- Action brought under Crown Liability and Proceedings Act, s. 3, based on two distinct causes of action-Plaintiff alleging excessive use of force while arrested by officers at rural farm home -- Officers searching plaintiff's place following investigation of son in relation to illegal trafficking in drugs and stolen auto parts -- Plaintiff closing door behind officers -- Officer applying armlock during brief scuffle-Plaintiff handcuffed and arrested for obstructing police officers in execution of search warrants -- Whether officers liable for assault by excessive use of force -- Officer having reasonable and probable cause to arrest plaintiff -- Arrest not unlawful-Plaintiff informed of charge following arrest -- Officers using excessive force in arresting plaintiff -- Necessity for officers to control situation not requiring use of force -- Second charge alleging plaintiff unlawfully assaulted officer with intent to resist arrest or detention contrary to Criminal Code, s. 246(1) -- No conspiracy on officers' part to initiate second charge-Elements of tort of malicious prosecution not established herein -- Physical injuries suffered by plaintiff caused directly by assault-Injuries caused by physical actions of officers in arresting her-Special damages claimed and awarded in amount of $2,308.78-Award of general damages in amount of $25,000 for unnecessary use of physical force in plaintiff's arrest and for loss of dignity -- Award for exemplary or punitive damages not warranted -- No evidence of malicious conduct, or intentional, high-handed and abusive conduct by officers -- Officers acting in course of duties as servants of Her Majesty -- Defendant liable in damages under Crown Liability and Proceedings Act -- Action allowed in part-Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 3 -- Criminal Code, R.S.C., 1985, c. C-46, s. 246.