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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2414
Experience:  25 years in practice
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I was falsely arrested by the police 2 years ago. I did make

Customer Question

I was falsely arrested by the police 2 years ago. I did make a complaint in which the officers were brought up on charges. They are going through a discipinary hearing but the DA wants to know if I want to settle instead of going to trial. But I don't know how much $ I should ask for
Submitted: 1 year ago.
Category: Canada Law
Expert:  Tom B. replied 1 year ago.

Hi

This part of the site is for Canadian Law and you use the word "DA" which sounds as though you are in the US. If so, post on the general law site to ask a US attorney. If in Canada, please advise where this is taking place.

Cheers,

Tom

Customer: replied 1 year ago.
Sorry its York Police (YRP) and the case is in Newmarket and it's the Prosecutor that is pushing the discipline of the officers. I have had an OIPRD investigation that found 1 officer guilty on 4 counts and the other 2 officers on 3 accounts. The Prosecutor wants me to settle and not take it to trial but is asking what do I want. I know I want them to lose hours banked but as well I want compensation but not sure what I'm allowed to ask for.
Expert:  Tom B. replied 1 year ago.

Your concern is mine as well. The OIPRD does not deal with financial compensation per se. What you have probably been asked is what punishment these officers should get rather than how much money you should receive.

Did you also sue in Small Claims Court?

Tom

Customer: replied 1 year ago.
I could not sue in small claims court. Originally the investigation happened by OIPRD and those investigators found no liability on behalf of the officers and wanted me to sign something saying I would throw out my complaint. I refused. They told me it would go to another office for investigation but they would be in touch with me. They never did. During my divorce that judge asked me to give his name and ask for a final decision. Only then did I find out my case was closed and they reopened it and found the officers were liable. That final investigation happened one day after the 2 year statute of time to sue. I spoke to a few lawyers that told me that because it was over the 2 years I would have difficulty bringing forth a lawsuit.
Expert:  Tom B. replied 1 year ago.

Yes the limitation period is a problem. It is though 2 years from the time you knew you had a case and I suppose they would argue that you could have sued the police department and found out names through that process.

Good on you for keeping with it though.

I just do not see any legal jurisdiction for the OIPRD to hand out money to complainants. It is all about discipline measures.

Have they offered a financial settlement??

Tom

Customer: replied 1 year ago.
They haven't offered me anything. Right now the Prosecutor has spoken to me and said he cannot settle this and avoid trial unless I agree to the terms to settle and has asked me what I want but I haven't answered as yet. They offered me 'extra training' for the officers. One officer is found guilty of 4 different things and the other 2 have 3 charges. I don't want this to rest as this was a violation to me and if I can help another person out there from the same mistreatment I will. I will try to find a civil lawyer to take on my case and see if we can make that happen. Thank you!!

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