Seeking Damages For Unlawful Arrest
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FAQ
What Does Ontario/Canadian Law Say About False Arrest? Under Ontario law, a false arrest is a 'tort resulting from intentional and total confinement of a person against his or her will and without lawful justification. ' Unlawful imprisonment is a continuation of false arrest.
These are basic, aggravated and exemplary damages: Basic damages are awarded for the actual time that you were imprisoned or for the wrongful prosecution. Aggravated damages are awarded for any mental distress or injury to feelings caused by the unlawful arrest or detention.
A false arrest is the act of unlawfully restraining or detaining a person against his or her will by someone (usually a law enforcement officer, but also sometimes a private citizen) who lacks the legal authority or justification to do so.
The police have a common law right to detain people for investigative purposes. The need for such a power will be for purposes generally related to asking questions concerning time-sensitive issues. Certain legislation also grants additional powers to police to detain for investigative purposes.
You can sue for wrongful arrest when a detention unlawfully restrains your liberty.