The Supreme Court of Canada will hear three appeals this week, one civil and two criminal.
April 16: Bela Kosoian v. Société de transport de Montréal, et al. (Quebec) (Civil) (By Leave) 38012
The appellant was arrested in the Montmorency subway station in Laval, Quebec for refusing to hold on to a handrail while descending an elevator. She was identified, arrested, and subsequently brought an action in damages against the Société de transport de Montréal, Ville de Laval and the arresting police officer. The Court of Quebec dismissed the action, finding that the respondents had committed no fault, and the Court of Appeal reached the same conclusion. At issue in the case is i) the standard of liability applying to the arresting police officer, who asked the appellant to identify herself and then searched her, and ii) the status of a pictogram in the subway station and whether the appellant was expect to have heeded it. Appellate court justice Mark Schrager, dissenting, found the respondents to be solidarily liable, but also concluded that the appellant had partially contributed to her injury in refusing to identify herself.
Read the appellate court decision here.