Green v. Klassen et al., 2015 MBQB 123

• Judge: Pfuetzner, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: July 14, 2015
• Jurisdiction: Manitoba
• Citations: 2015 MBQB 123;(2015), 320 Man.R.(2d) 23 (QB)

Green v. Klassen (2015), 320 Man.R.(2d) 23 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. JL.032

Martin Green (plaintiff) v. J.R. Klassen, Jim Dao, Jason St. Pierre, Richard Grandmaison, Wesley Walter Olsen, The Attorney General of Canada and The Attorney General of Manitoba (defendants)

(CI 11-01-73424; 2015 MBQB 123)

Indexed As: Green v. Klassen et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

Pfuetzner, J.

July 14, 2015.

Summary:

The plaintiff was arrested twice by police in front of a lodge, where the plaintiff was stopping traffic coming in and out of the lodge, yelling and handing out pamphlets. The plaintiff ran up to one of the officers, yelling and cursing, and pushed his face onto the officer's face. The accused was charged with assaulting a peace officer and creating a disturbance. The Crown decided not to proceed with the charges. The plaintiff sued the defendants, seeking damages for illegal arrest and false imprisonment. The defendants sought summary judgment to dismiss the action.

The Manitoba Court of Queen's Bench granted the motion.

Criminal Law - Topic 751

Sexual offences, public morals and disorderly conduct - Disorderly conduct - Causing a public disturbance - The plaintiff was arrested twice by police in front of a lodge, where the plaintiff was stopping traffic coming in and out of the lodge, yelling and handing out pamphlets - The plaintiff ran up to one of the officers, yelling and cursing, and pushed his face onto the officer's face - The accused was charged with assaulting a peace officer and creating a disturbance - The Crown decided not to proceed with the charges - The plaintiff sued the defendants, seeking damages for illegal arrest and false imprisonment - The defendants sought summary judgment to dismiss the action - The Manitoba Court of Queen's Bench granted the motion - Both the subjective and objective elements required for reasonable grounds for arrest without a warrant were made out here - Even if the plaintiff's face had not touched the officer's, the officer had subjective and objective grounds to believe that the plaintiff was threatening to apply force to him and could do so - Similarly, there were reasonable grounds to arrest the plaintiff for causing a disturbance - These included blocking traffic, yelling at people and refusing to identify himself to police - The officers' actions were not motivated by malice towards the plaintiff or to stop the plaintiff's picketing - There was no genuine issue for trial.

Criminal Law - Topic 1414

Offences against person and reputation - Assaults - Assault of a peace officer - [See Criminal Law - Topic 751 ].

Criminal Law - Topic 3212

Compelling appearance, detention and release - Arrest - Arrest without warrant - [See Criminal Law - Topic 751 ].

Police - Topic 3063

Powers - Arrest and detention - Without warrant - Reasonable and probable grounds - [See Criminal Law - Topic 751 ].

Police - Topic 5047

Actions against police - For false arrest - Defence of reasonable and probable grounds - [See Criminal Law - Topic 751 ].

Police - Topic 5073

Actions against police - For false imprisonment - Defence of reasonable and probable grounds - [See Criminal Law - Topic 751 ].

Practice - Topic 5719

Judgments and orders - Summary judgments - To dismiss action - [See Criminal Law - Topic 751 ].

Cases Noticed:

Winnipeg Condominium Corp. No. 36 v. Bird Construction Co. et al., [1995] 1 S.C.R. 85; 176 N.R. 321; 100 Man.R.(2d) 241; 91 W.A.C. 241, refd to. [para. 18].

Pioneer Hi-Bred International Inc. et al. v. Richardson International Ltd. et al. (2010), 254 Man.R.(2d) 220; 2010 MBQB 161, refd to. [para. 19].

Frazier v. Purdy (1991), 6 O.R.(3d) 429; 1991 CanLII 7194 (Gen. Div.), refd to. [para. 21].

R. v. Storrey, [1990] 1 S.C.R. 241; 105 N.R. 81; 37 O.A.C. 161, refd to. [para. 26].

R. v. Debot, [1989] 2 S.C.R. 1140; 102 N.R. 161; 37 O.A.C. 1, refd to. [para. 28].

R. v. Lohnes, [1992] 1 S.C.R. 167; 132 N.R. 297; 109 N.S.R.(2d) 145; 297 A.P.R. 145, refd to. [para. 39].

Counsel:

M. Green, on his own behalf;

Alexander Menticoglou, for the defendants.

This application was heard by Pfuetzner, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on July 14, 2015.