Plaintiff
Defendant
Facts:
Ayisha Sidhu was involved in a street fight in Vancouver’s Granville Entertainment District on June 21, 2015. She intervened to help a friend and was arrested by Vancouver Police Department officers. Ms. Sidhu claimed that Constable Matt Oliver broke her nose during the arrest. The fight and arrest were recorded by CCTV.
Legal Issues:
Ms. Sidhu sued the City of Vancouver and its officers, alleging battery, particularly regarding Constable Oliver's use of force. She argued that the officers used unnecessary and excessive force, violating her rights. The City acknowledged the use of force but argued it was reasonable and justified under section 25(1) of the Criminal Code of Canada, which protects officers using force while enforcing the law.
Court’s Findings:
The court found that Ms. Sidhu’s nose was likely broken during Use of Force #2, when Constable Oliver took her to the ground. However, the judge ruled that the force used was justified and reasonable under the circumstances, as Constable Oliver believed it was necessary to prevent further violence. The court dismissed all other claims, except for a minor incident where Ms. Sidhu was unnecessarily handcuffed at the hospital.
Damages:
Ms. Sidhu was awarded nominal damages for being handcuffed at the hospital. The total damages were unspecified, with a further submission required to finalize costs. If not contested, the agreed damages could be $62,743.91, but this was contingent on proving liability, which the court largely dismissed.
Court
Supreme Court of British ColumbiaCase Number
S159356Practice Area
Tort lawAmount
Winner
DefendantTrial Start Date
Download documents