SUPREME COURT OF NOVA SCOTIA
Citation: Jarrett v. Halifax (Regional Municipality), 2014 NSSC 116
Date: 20140403
Docket: Hfx. 212943
Registry: Halifax
Between:
Carole Elizabeth Jarrett
Plaintiff
v.
Halifax Regional Municipality, Charles Naugle, Tom Shannon, Charles Bruce, Ken Burton, Steven Guzzwell and Sarah Smith
Defendants
LIBRARY HEADING
Judge: The Honourable Justice Arthur W.D. Pickup
Heard: January 6, 7, 8, 9, 13, 14, 15, 16, 20, 2014 in Halifax, Nova Scotia
Subject: Negligent investigation; false arrest and detention; malicious prosecution; misfeasance in public office.
Summary: The plaintiff was arrested and charged with arson in relation to a series of fires near her residence in downtown Halifax. She had a criminal record for arson and a history of mental health issues, which was known to the police. The plaintiff was acquitted at trial. She then commenced a civil proceeding against the officers involved in her investigation, arrest and charges, as well as the municipality. She alleged negligent investigation, false arrest and detention, malicious prosecution, and misfeasance in public office against various officers. The current proceeding was as to liability only, with damages to be dealt with later, if necessary.
Issues: Were any of the defendants liable to the plaintiff on any of the causes of action asserted?
Result: The trial judge concluded that the evidence did not establish any of the claims against any of the defendants. With respect to negligent investigation, there was no breach of the standard of care of a reasonable police officer in similar circumstances. The plaintiff’s arrest was legal on the basis of the information available to the officer who ordered it. The claims of malicious prosecution on the basis of allegedly giving false evidence at the show cause hearing, as well as other allegedly malicious conduct, was not established. Nor did the evidence establish the misconduct necessary to make out the claim of misfeasance in public office. All claims dismissed.
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