Degen v. British Columbia (Public Safety)
Bradley Marvin Degen
Law Firm / Organization
Clear Legal Law Corporation
Lawyer(s)

Thomas Harding

The Minister of Public Safety and Solicitor General of British Columbia

Background: In "Degen v. British Columbia (Public Safety)", Bradley Marvin Degen, the plaintiff, sued the Minister of Public Safety and Solicitor General of British Columbia, alleging misconduct by two RCMP officers. The officers allegedly used excessive force, including tasering, during Degen's arrest at a lumberyard.

Legal Issues/Arguments: The core legal issues revolved around claims of battery, negligent investigation, and malicious prosecution. Degen argued that the officers had no reasonable grounds for their use of force, which included breaking his truck’s window and tasering him multiple times.

Judgment/Award: The court awarded damages to Degen as follows:

  • Non-pecuniary damages: $160,000
  • Past income loss: $15,000
  • Future income loss: $132,500
  • Cost of future care: $7,500
  • Special damages: $2,120

The total damages awarded amounted to $317,120. Additionally, costs were awarded to the plaintiff at Scale B, following the success of his claims .

Supreme Court of British Columbia
S198647
Tort law
$ 317,120
Plaintiff