Richardson v. Payne et al., (1998) 204 N.B.R.(2d) 203 (TD)

• Judge: Riordon, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 13, 1997
• Jurisdiction: New Brunswick
• Citations: (1998), 204 N.B.R.(2d) 203 (TD)

Richardson v. Payne (1998), 204 N.B.R.(2d) 203 (TD);

    204 R.N.-B.(2e) 203; 520 A.P.R. 203

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [1998] N.B.R.(2d) TBEd. SE.002

Wallace Richardson (plaintiff) v. Grant Payne, Her Majesty The Queen, in right of the Province of New Brunswick as represented by the Minister of Transportation, the Town of Chatham, a municipal corporation and William Davis (defendants)

(N/C/126/92)

Daniel Joseph Arsenault (plaintiff) v. Grant Payne, Her Majesty The Queen, in right of the Province of New Brunswick as represented by the Minister of Transportation, the Town of Chatham, a municipal corporation and Kenneth McGee (defendants)

(N/C/145/92)

Indexed As: Richardson v. Payne et al.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Miramichi

Riordon, J.

August 27, 1998.

Summary:

Two truckers were arrested when they refused to have their trucks weighed as requested by a Provincial Commercial Vehi­cle Inspector. The truckers pleaded guilty to a charge of refusal to comply with a demand for weighing. Subsequently, the truckers sued the Inspector and the Province for damages on the grounds of false arrest, unlawful detention and false imprisonment.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the action.

Crown - Topic 2846

Crown immunity - Agents - Police - Payne was a provincial commercial vehicle in­spector and a peace officer - Payne de­manded that Richardson submit his truck to weighing pursuant to s. 37 of the High­way Act - After consulting a solicitor, Richardson again refused to drive the truck to the nearest scale for weighing - Payne arrested Richardson and placed him in jail - Richardson pleaded guilty to the offence of refusing to weigh - Subsequently, Rich­ardson sued Payne and the province for damages on the grounds of false arrest, etc. - At the commencement of the hear­ing, the New Brunswick Court of Queen's Bench, Trial Division, dismissed the action against the province because no action lies against the Provincial Crown for false arrest, etc., by its agent as the tort does not come within s. 4(1)(a) of the Proceedings Against the Crown Act - See paragraph 14.

Motor Vehicles - Topic 3206

Regulation of vehicles and traffic - Vehi­cles - Excess weight or size - Demand that vehicle be weighed - [See Police - Topic 2209 ].

Police - Topic 2209

Duties - General duties - Duty to take preventive actions and investigate - Payne was a provincial commercial vehicle in­spector and a peace officer - Payne de­manded that Richardson submit his truck to weighing pursuant to s. 37 of the High­way Act - Truckers had been refusing to weigh because the fine for refusal was less than that for being overweight - Payne informed Richardson that a refusal consti­tuted an offence for which he could be charged and arrested - Payne gave Rich­ardson a Charter warning - After consult­ing a solicitor, Richardson again refused to drive the truck to the nearest scale for weighing - Payne arrested Richardson and placed him in jail - The truck was weighed and found to be over­weight - Richardson was released and allowed to proceed after unloading enough cargo to come within the weight restric­tion - Richardson pleaded guilty to the offence of failure to weigh - Subsequently, Richardson sued Payne for damages on the grounds of false arrest and false imprison­ment - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the action.

Police - Topic 3063

Powers - Arrest and detention - Without warrant - Reasonable and probable grounds - [See Police - Topic 2209 ].

Police - Topic 3068

Powers - Arrest and detention - Arrest without warrant - General - [See Police - Topic 2209 ].

Police - Topic 3086

Powers - Arrest and detention - Detention for investigative purposes - [See Police - Topic 2209 ].

Police - Topic 3109

Powers - Investigation - Motor vehicles - [See Police - Topic 2209 ].

Police - Topic 5046

Actions against police - For false arrest - Defence of justification - Payne was a provincial commercial vehicle in­spector and a peace officer - Payne demanded that Richardson submit his truck to weighing pursuant to s. 37 of the High­way Act - Payne informed Richardson that a refusal consti­tuted an offence for which he could be charged and arrested - Payne gave Richardson a Charter warning - Payne arrested Richardson and placed him in jail - The truck was weighed and found to be over­weight - Richardson was released and allowed to proceed after unloading part of the load - Richardson pleaded guilty to the offence of failure to weigh - Subsequently, Richardson sued Payne for damages on the grounds of false arrest and false imprison­ment - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the action stating that the power of arrest was exercised reason­ably, in good faith, and diligently and that it was justified and rea­sonably necessary to ensure compliance with the law - See paragraph 39.

Police - Topic 5070

Actions against police - For false imprison­ment - Defence of justification - [See Police - Topic 5046 ].

Police - Topic 5072

Actions against police - For false imprison­ment - Defence of act done in good faith - [See Police - Topic 5046 ].

Cases Noticed:

Levesque v. Picard and Minister of Justice (1984), 53 N.B.R.(2d) 169; 138 A.P.R. 169 (T.D.), folld. [para. 14].

R. v. Lenihan (O.E.) (1997), 158 N.S.R.(2d)­ 216; 466 A.P.R. 216 (C.A.), consd. [para. 25].

R. v. Wholesale Travel Group Inc. and Chedore, [1991] 3 S.C.R. 154; 130 N.R. 1; 49 O.A.C. 161; 84 D.L.R.(4th) 161, consd. [para. 25].

Linton v. Fredericton (City) (1992), 127 N.B.R.(2d) 395; 319 A.P.R. 395 (T.D.), consd. [para. 27].

Wiltshire v. Barrett, [1965] 2 All E.R. 271 (C.A.), refd to. [para. 28].

R. v. Biron, [1976] 2 S.C.R. 56; 4 N.R. 45; 23 C.C.C.(2d) 513, refd to. [para. 28].

R. v. Storrey, [1990] 1 S.C.R. 241; 105 N.R. 81; 37 O.A.C. 161, refd to. [para. 28].

Statutes Noticed:

Highway Act, R.S.N.B. 1973, c. H-5, sect. 14.1 [para. 19]; sect. 36(1), sect. 36(5), sect. 37(1)(a), sect. 37(2), sect. 37(14)(a) [para. 16].

Highway Act, S.N.B. 1981, c. 31, sect. 37 [para. 3].

Motor Vehicle Act, R.S.N.B. 1973, c. M-17, sect. 15(1) [para. 22]; sect. 251(1), sect. 258(1), sect. 258(2), sect. 260(1), sect. 260(2), sect. 344 [para. 21]; sect. 356(1) [para. 19].

Proceedings Against the Crown Act, R.S.N.B. 1973, c. P-18, sect. 4(1)(a) [para. 14].

Provincial Offences Procedure Act, S.N.B. 1990, c. P-22.1, sect. 24(1) [para. 17].

Summary Conviction Act, R.S.N.B. 1973, c. S-15, sect. 5 [para. 18].

Counsel:

George Martin, for the plaintiffs;

Gabriel Bourgeois, for the defendants, Grant Payne and Her Majesty The Queen (the claims against the other defendants were discontinued).

The action was heard on March 13, 1997, by Riordon, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Miramichi, who delivered the following decision on August 27, 1998.