Fleming v. Ontario, 2018 ONCA 160
| Jurisdiction | Ontario |
| Judge | Cronk, Huscroft and Nordheimer JJ.A. |
| Docket Number | C62876 |
| Court | Court of Appeal (Ontario) |
| Date | 16 February 2018 |
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12 practice notes
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Fleming v. Ontario, 2019 SCC 45
...of the Peace”, [1954] Crim. L.R. 578. APPEAL from a judgment of the Ontario Court of Appeal (Cronk, Huscroft and Nordheimer JJ.A.), 2018 ONCA 160, 140 O.R. (3d) 684, 420 D.L.R. (4th) 728, 45 C.C.L.T. (4th) 244, [2018] O.J. No. 841 (QL), 2018 CarswellOnt 2369 (WL Can.), setting aside a decis......
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Arrest
...316. 65 Hayes v Thompson (1985), 44 CR (3d) 316 (BCCA); Brown v Durham Regional Police Force (1998), 21 CR (5th) 1; Fleming v Ontario , 2018 ONCA 160. 66 Fleming v Ontario , 2019 SCC 45 [ Fleming ]. 67 See the discussion in Chapter 2, Section A(3)(b). 68 Fleming , above note 66 at para 99. ......
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R. v. Williams, 2018 ONSC 3654
...have lawful authority to arrest a person does not authorize them to use whatever force they may choose to employ: Fleming v. Ontario, 2018 ONCA 160, at para. 60 (appln for leave to appeal filed [2018] S.C.C.A. No. 116). The parties here were in agreement that the principles relating to nece......
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SCALA v. TORONTO POLICE SERVICES BOARD, 2019 ONSC 2239
...in light of [the] exigent circumstances” present at the time for which his or her conduct is being assessed: also, Fleming v. Ontario, 2018 ONCA 160 at para. [77] The Police Defendants admit that the police used physical force to arrest Mr. Scala. Section 25(1) of the Criminal Code, R.S.C. ......
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6 cases
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Fleming v. Ontario, 2019 SCC 45
...of the Peace”, [1954] Crim. L.R. 578. APPEAL from a judgment of the Ontario Court of Appeal (Cronk, Huscroft and Nordheimer JJ.A.), 2018 ONCA 160, 140 O.R. (3d) 684, 420 D.L.R. (4th) 728, 45 C.C.L.T. (4th) 244, [2018] O.J. No. 841 (QL), 2018 CarswellOnt 2369 (WL Can.), setting aside a decis......
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R. v. Williams, 2018 ONSC 3654
...have lawful authority to arrest a person does not authorize them to use whatever force they may choose to employ: Fleming v. Ontario, 2018 ONCA 160, at para. 60 (appln for leave to appeal filed [2018] S.C.C.A. No. 116). The parties here were in agreement that the principles relating to nece......
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SCALA v. TORONTO POLICE SERVICES BOARD, 2019 ONSC 2239
...in light of [the] exigent circumstances” present at the time for which his or her conduct is being assessed: also, Fleming v. Ontario, 2018 ONCA 160 at para. [77] The Police Defendants admit that the police used physical force to arrest Mr. Scala. Section 25(1) of the Criminal Code, R.S.C. ......
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Stewart v. The Toronto Police Services Board,, 2018 ONSC 2785
...services. These implied limits are echoed in the proportionality analysis. [Emphasis added] [71] In the case of Fleming v. Ontario, 2018 ONCA 160 (application for leave to appeal filed April 27, 2018) (Fleming), Nordheimer J.A. stated, at para. 41, that every person has constitutionally pro......
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3 firm's commentaries
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The Supreme Court Of Canada Holds That The Common Law Does Not Empower The Police To Arrest A Person Who Is Acting Lawfully
...imprisonment, interest from the date of his arrest, and, on consent, $151,000.00 in costs. Court of Appeal for Ontario's Decision (2018 ONCA 160) The Respondents appealed the findings of liability only. Fleming cross-appealed with respect to the quantum and type of damages After a hearing i......
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Ontario Court Of Appeal Summaries (February 12 February 16)
...Those defences are a complete answer to the appellants' claims. There was no need for a trial in these circumstances. Fleming v. Ontario, 2018 ONCA 160 [Cronk, Huscroft and Nordheimer Judie Im, Erin Rizok and Sean Hanley, for the appellants Michael Bordin and Jordan Dicacur, for the respond......
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Supreme Court Of Canada Addresses Common Law Police Powers
...disclose any imminent risk of a breach of the peace that might justify his arrest under a common law police power. On appeal reported at 2018 ONCA 160, the majority reversed the ruling, finding that the protestors represented a real risk to the plaintiff's safety, and that given the history......
1 books & journal articles
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Arrest
...316. 65 Hayes v Thompson (1985), 44 CR (3d) 316 (BCCA); Brown v Durham Regional Police Force (1998), 21 CR (5th) 1; Fleming v Ontario , 2018 ONCA 160. 66 Fleming v Ontario , 2019 SCC 45 [ Fleming ]. 67 See the discussion in Chapter 2, Section A(3)(b). 68 Fleming , above note 66 at para 99. ......