Whitehouse v. Reimer, Calgary Police Commission and Alberta, (1979) 21 A.R. 541 (QB)

JudgeMoshansky, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateNovember 20, 1979
Citations(1979), 21 A.R. 541 (QB)

Whitehouse v. Reimer (1979), 21 A.R. 541 (QB)

MLB headnote and full text

Whitehouse v. Reimer, Calgary Police Commission and Province of Alberta

(135424)

Indexed As: Whitehouse v. Reimer, Calgary Police Commission and Alberta

Alberta Court of Queen's Bench

Judicial District of Calgary

Moshansky, J.

November 20, 1979.

Summary:

This case arose out of the plaintiff's action against the defendants for damages for assault and battery, false arrest, false imprisonment and malicious prosecution. The plaintiff, a 24 year old taxi driver and part-time university student, stopped his taxi in the loading zone in front of a hotel to pick up a fare. Although he was entitled to be there, the defendant policeman ordered him to move. When the plaintiff insisted on his right to remain, the policeman pulled him from his taxi, assaulted him, arrested him and imprisoned him for a day. During the time between the initial assault and his placement in a cell the plaintiff was verbally and physically abused by the policeman. Subsequently, the policeman laid charges against the plaintiff of resisting arrest and causing a public disturbance, both of which were dismissed six months later. The plaintiff brought an action against the policeman, the Calgary Police Commission and the Province of Alberta for damages. At trial the action against the Police Commission and the Province was dismissed, when the plaintiff conceded that they were not vicariously liable for the policeman's actions.

The Alberta Court of Queen's Bench allowed the plaintiff's action against the policeman and found him liable for damages for assault and battery, false arrest, false imprisonment and malicious prosecution. The Court of Queen's Bench awarded general damages of $2,500.00 for assault and battery, false arrest and false imprisonment and $2,500.00 for malicious prosecution. In addition $5,000.00 for exemplary or punitive damages were awarded together with the plaintiff's pecuniary loss and the cost of his legal defence to the two criminal charges, which were dismissed.

Civil Rights - Topic 1287

Security of the person - Unlawful arrest - Right to be informed of reason for arrest - The Alberta Court of Queen's Bench held that a person is entitled to know immediately on what charge or suspicion of what crime he is arrested - See paragraph 36.

Criminal Law - Topic 751

Disorderly conduct - Causing a public disturbance - What constitutes - Criminal Code of Canada, R.S.C. 1970, c. C- 34, s. 171(a) - The Alberta Court of Queen's Bench held that a single obscene word spoken to a policeman does not constitute causing a public disturbance merely because the police officer becomes upset - See paragraphs 39 to 46.

Damage Awards - Topic 630

Torts affecting the person - False imprisonment - The plaintiff taxi driver was unjustifiably arrested, beaten and detained in jail for a day by a policeman - The Alberta Court of Queen's Bench awarded the plaintiff $2,500.00 general damages for false imprisonment and arrest - See paragraphs 51 to 60.

Damage Awards - Topic 678

Abuse of legal proceedings - Malicious prosecution - The plaintiff taxi driver was unjustifiably arrested, beaten and imprisoned for a day by a police officer, who subsequently laid two unfounded criminal charges against the plaintiff, both of which were dismissed - The Alberta Court of Queen's Bench awarded the plaintiff $2,500.00 general damages against the policeman for malicious prosecution plus pecuniary losses and the cost of the plaintiff's lawyer in acting for him on the criminal charges - See paragraphs 65 to 81.

Damage Awards - Topic 2012

Exemplary or punitive damages - False imprisonment - The plaintiff taxi driver was unjustifiably arrested, beaten and imprisoned for a day by a police officer, who subsequently laid two unfounded criminal charges against the plaintiff, both of which were dismissed - The Alberta Court of Queen's Bench awarded the plaintiff $5,000.00 exemplary damages against the policeman for false imprisonment and malicious prosecution in addition to general damages - See paragraphs 82 to 102.

Damage Awards - Topic 2026

Exemplary or punitive damages - Malicious prosecution - The plaintiff taxi driver was unjustifiably arrested, beaten and imprisoned for a day by a police officer, who subsequently laid two unfounded criminal charges against the plaintiff, both of which were dismissed - The Alberta Court of Queen's Bench awarded the plaintiff $5,000.00 exemplary damages against the policeman for false imprisonment and malicious prosecution in addition to general damages - See paragraphs 82 to 102.

Damages - Topic 1303

Exemplary or punitive damages - False imprisonment - The Alberta Court of Queen's Bench discussed and awarded exemplary or punitive damages for false arrest and imprisonment - See paragraphs 82 to 102.

Damages - Topic 1315

Exemplary or punitive damages - Malicious prosecution - The Alberta Court of Queen's Bench discussed and awarded exemplary or punitive damages for malicious prosecution - See paragraphs 82 to 102.

Damages - Topic 2441

Torts affecting the person - False imprisonment - General - The plaintiff taxi driver was unjustifiably arrested, beaten and imprisoned by a police officer, who also succeeded in inducing a judge to deny bail to the plaintiff for a time - The Alberta Court of Queen's Bench allowed the plaintiff's action for damages for assault, false arrest and false imprisonment - The Court of Queen's Bench discussed the principles of assessing damages in the circumstances, holding that a single award of general damages should be made for false arrest and false imprisonment - See paragraph 52 - The Court of Queen's Bench set out the considerations in assessing general damages for false arrest and imprisonment - See paragraphs 51 to 60 - The Court of Queen's Bench held that damages should not be limited to the time up to the denial of bail, because the policeman probably improperly induced the judge to deny bail - See paragraphs 66 to 67.

Damages - Topic 2481

Torts affecting the person - Malicious prosecution - General - The plaintiff taxi driver was unjustifiably arrested, beaten and imprisoned for a day by a police officer, who subsequently laid two unfounded criminal charges against the plaintiff, both of which were dismissed - The Alberta Court of Queen's Bench allowed the plaintiff's action for damages for malicious prosecution, as well as for assault, false arrest and false imprisonment - The Court of Queen's Bench discussed the elements of damages for malicious prosecution - See paragraphs 62 to 81.

Police - Topic 3063

Powers - Arrest - Reasonable and probable grounds - Burden of proof - The Alberta Court of Queen's Bench held that the burden was on a police officer to prove that he had reasonable and probable grounds to arrest a person - See paragraph 39.

Police - Topic 3068

Powers - Arrest - Without warrant - General - The Alberta Court of Queen's Bench generally discussed the power of policemen to arrest without warrant under s. 450 of the Criminal Code of Canada, R.S.C. 1970, c. C-34 - See paragraphs 37 to 47.

Police - Topic 5041

Actions against police - False arrest - General - The plaintiff taxi driver, who was parked in a loading zone in front of a hotel waiting to pick up a fare, as he was entitled to do, was ordered to move by a police officer - When the plaintiff insisted on his right to remain, the police officer assaulted, arrested and imprisoned him - The Alberta Court of Queen's Bench allowed the plaintiff's action for damages for assault, false arrest and false imprisonment and held that the police officer's actions were completely unjustifiable - See paragraphs 1 to 50.

Police - Topic 5061

Actions against police - False imprisonment - The plaintiff taxi driver, who was parked in a loading zone in front of a hotel waiting to pick up a fare, as he was entitled to do, was ordered to move by a police officer - When the plaintiff insisted on his right to remain, the police officer assaulted, arrested and imprisoned him - The Alberta Court of Queen's Bench allowed the plaintiff's action for damages for assault, false arrest and false imprisonment and held that the police officer's actions were completely unjustifiable - See paragraphs 1 to 50.

Police - Topic 5221

Actions against police - Malicious prosecution - The plaintiff taxi driver, who was parked in a loading zone in front of a hotel waiting to pick up a fare, as he was entitled to do, was ordered to move by a police officer - When the plaintiff insisted on his right to remain, the police officer assaulted, arrested and imprisoned him - Subsequently, the policeman charged the plaintiff with causing a public disturbance and resisting arrest, which were both dismissed some months later - The Alberta Court of Queen's Bench allowed the plaintiff's action for damages for assault, false arrest, false imprisonment and malicious prosecution - The Court of Queen's Bench held that the policeman was liable for damages for malicious prosecution, because he not only acted without reasonable and probable grounds, but also acted maliciously - See paragraphs 62 to 81.

Police - Topic 5224

Actions against police - Malicious prosecution - Malice - Requirement of - The Alberta Court of Queen's Bench held that to succeed in an action for damages for malicious prosecution, the plaintiff was required to prove malice - See paragraphs 62 to 64.

Cases Noticed:

R. v. Hastings, [1947] 4 D.L.R. 748, appld. [para. 36].

Christie v. Leachinsky, [1947] 1 All E.R. 567, appld. [paras. 36, 37].

Koechlin v. Waugh & Hamilton (1957), 11 D.L.R.(2d) 447, appld. [para. 37].

Crowe v. Noon et al., [1971] 1 O.R. 530, appld. [para. 39].

Kennedy v. Tomlinson et al. (1959), 20 D.L.R.(2d) 273, appld. [para. 39].

R. v. C.D. (1973), 6 N.B.R.(2d) 200; 13 C.C.C.(2d) 206, appld. [paras. 41, 43].

R. v. Wolgram, 29 C.C.C.(2d) 536, appld. [para. 43].

R. v. Yehl (1964), 44 D.L.R.(2d) 504, appld. [para. 43].

R. v. Eyre (1972), 10 C.C.C.(2d) 236, appld. [para. 43].

R. v. Hennessy, 35 C.C.C.(2d) 299, appld. [para. 43].

R. v. Whittaker, 39 C.C.C.(2d) 118, not folld. [para. 44].

R. v. Chikoski, 14 C.C.C.(2d) 38, not folld. [para. 44].

R. v. Youngren, 44 W.W.R.(N.S.) 548, appld. [para. 45].

Walter v. Altools (1944), 61 T.L.R. 39, appld. [para. 54].

Eagle Motors (1958) Ltd. v. Makoff, [1971] 1 W.W.R. 527, consd. [para. 59].

Williams v. Webb, 130 C.C.C. 25, appld. [para. 62].

Rapley v. Rapley (1930), 30 St. Rep. (N.S.W.) 94, appld. [para. 62].

Bohner v. Marwest Hotel Co. Ltd. (1970), 75 W.W.R.(N.S.) 729, dist. [para. 67].

Quartz Hill Gold Mining Co. v. Eyre (1883), 11 Q.B.D. 674, appld. [para. 71].

Childs v. Lewis (1924), 40 T.L.R. 39, appld. [para. 75].

Berry v. British Transport Commission, [1962] 1 Q.B. 306, appld. [para. 80].

Wiffen v. Bailey Romford U.D.C., [1915] K.B. 600, appld. [paras. 71, 80].

Paragon Properties Ltd. v. Niagara Investments Ltd., [1972] 3 W.W.R. 106, appld. [para. 86].

Loudon v. Ryder, [1953] 2 Q.B. 203, appld. [para. 87].

Delta Hotels et al. v. Magrum and Hunsperger (1975), 59 D.L.R.(3d) (B.C.S.C.), consd. [para. 89].

Johnston Terminals and Storage Ltd. et al. v. Misc. Workers Wholesale et al., [1976] 1 W.W.R. 341, appld. [para. 90].

Karpow et al. v. Shane, [1975] 2 W.W.R. 159, appld. [para. 91].

Turnbull v. Calgary Power Ltd. (1974), 51 D.L.R.(2d) 562, appld. [para. 93].

Rookes v. Barnard, [1964] 1 All E.R. 367, consd. [para. 93].

Tanner v. Norys, [1979] 5 W.W.R. 724, consd. [para. 94].

Lane v. Holloway, [1967] 3 All E.R. 129, appld. [para. 95].

Chartier v. A.G. for Quebec (1979), 27 N.R. 1, appld. [para. 96].

Authors and Works Noticed:

McGregor on Damages (13th Ed.), p. 207 [para. 84].

Counsel:

G.I. Zinner, for the plaintiff;

J.D.B. McDonald, for the defendant Reimer and the Calgary Police Commission;

A.P. Hnatiuk, for the Attorney General.

This case was heard at Calgary, Alberta, before MOSHANSKY, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on November 20, 1979:

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    ...[1996[ O.J. No. 1764 (Gen. Div.), refd to. [para. 218, footnote 18]. Whitehouse v. Reimer, Calgary Police Commission and Alberta (1979), 21 A.R. 541; 11 Alta. L.R.(2d) 252 (Q.B.), refd to. [para. 218, footnote Norberg v. Wynrib, [1992] 2 S.C.R. 318, refd to. [para. 221]. Hill v. Church of S......
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    ...47]. Roncarelli v. Duplessis, [1959] S.C.R. 121, refd to. [para. 48]. Whitehouse v. Reimer, Calgary Police Commission and Alberta (1979), 21 A.R. 541; 11 Alta. L.R.(2d) 252 (Q.B.), refd to. [para. 48]. Critchley et al. v. Hill (1963), 38 D.L.R.(2d) 492 (B.C.S.C.), refd to. [para. 48]. Corea......
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    ...210 B.C.A.C. 136; 348 W.A.C. 136; 2005 BCCA 141, refd to. [para. 189]. Whitehouse v. Reimer, Calgary Police Commission and Alberta (1979), 21 A.R. 541 (Q.B.), revd. (1980), 34 A.R. 414 (C.A.), refd to. [para. Dix v. Canada (Attorney General) et al. (2002), 315 A.R. 1; 2002 ABQB 580, refd to......
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    • Ontario Superior Court of Justice of Ontario (Canada)
    • 9 Septiembre 2002
    ...37 Alta. L.R.(2d) 170; 18 D.L.R.(4th) 245 (Q.B.), refd to. [para. 250]. Whitehouse v. Reimer, Calgary Police Commission and Alberta (1979), 21 A.R. 541; 11 Alta. L.R.(2d) 252 (Q.B.), revd. (1980), 34 A.R. 414; 14 Alta. L.R.(2d) 380 (C.A.), refd to. [para. Wood v. Kennedy (1998), 76 O.T.C. 3......
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13 cases
  • Chopra v. Eaton (T.) Co. et al., (1999) 240 A.R. 201 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 8 Marzo 1999
    ...[1996[ O.J. No. 1764 (Gen. Div.), refd to. [para. 218, footnote 18]. Whitehouse v. Reimer, Calgary Police Commission and Alberta (1979), 21 A.R. 541; 11 Alta. L.R.(2d) 252 (Q.B.), refd to. [para. 218, footnote Norberg v. Wynrib, [1992] 2 S.C.R. 318, refd to. [para. 221]. Hill v. Church of S......
  • Klein et al. v. Seiferling et al., (1999) 179 Sask.R. 161 (QB)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • 6 Mayo 1999
    ...47]. Roncarelli v. Duplessis, [1959] S.C.R. 121, refd to. [para. 48]. Whitehouse v. Reimer, Calgary Police Commission and Alberta (1979), 21 A.R. 541; 11 Alta. L.R.(2d) 252 (Q.B.), refd to. [para. 48]. Critchley et al. v. Hill (1963), 38 D.L.R.(2d) 492 (B.C.S.C.), refd to. [para. 48]. Corea......
  • Radford v. Stewart, (2010) 496 A.R. 302 (QB)
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    • Court of Queen's Bench of Alberta (Canada)
    • 2 Junio 2010
    ...210 B.C.A.C. 136; 348 W.A.C. 136; 2005 BCCA 141, refd to. [para. 189]. Whitehouse v. Reimer, Calgary Police Commission and Alberta (1979), 21 A.R. 541 (Q.B.), revd. (1980), 34 A.R. 414 (C.A.), refd to. [para. Dix v. Canada (Attorney General) et al. (2002), 315 A.R. 1; 2002 ABQB 580, refd to......
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    ...37 Alta. L.R.(2d) 170; 18 D.L.R.(4th) 245 (Q.B.), refd to. [para. 250]. Whitehouse v. Reimer, Calgary Police Commission and Alberta (1979), 21 A.R. 541; 11 Alta. L.R.(2d) 252 (Q.B.), revd. (1980), 34 A.R. 414; 14 Alta. L.R.(2d) 380 (C.A.), refd to. [para. Wood v. Kennedy (1998), 76 O.T.C. 3......
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