Minchin v. Movsessian
Michael Anthony Minchin
Law Firm / Organization
Clear Legal Law Corporation
Vicken Movsessian
The Corporation of Delta
His Majesty the King in Right of the Province of British Columbia, as represented by the Minister of Public Safety and Solicitor General
Constable John Doe
Law Firm / Organization
Unrepresented
His Majesty the King as represented by the Attorney General for Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Cindy Ko

Background: Michael Anthony Minchin sued Constable Vicken Movsessian, the Corporation of Delta, His Majesty the King in Right of the Province of British Columbia, and other associated defendants. Minchin claimed negligence after being mistakenly shot by Movsessian during a high-risk police operation intended for another individual, Corey Foster.

Legal Issues: The central legal issue was whether Constable Movsessian was negligent in mistakenly shooting Minchin. The court needed to determine if Movsessian owed a duty of care, whether there was a breach of the standard of care, and if the action resulted in damages to Minchin.

Held: The court found that Movsessian, performing his duties as a police officer, owed Minchin a duty of care. However, it concluded that Movsessian did not breach the standard of care. The decision was based on the principles that police officers must make rapid decisions and the actions taken by Movsessian were within the reasonable range of responses for a police officer in similar circumstances.

Costs and Award: The document did not specify the total amount of costs or award since the court dismissed the claim. It invited parties to apply to address costs through written submissions, indicating that the issue of costs would be settled post-judgment.

Supreme Court of British Columbia
S159202
Tort law
Defendant