IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Bevis and Karela v. CTV Inc., Burns and Kelly 2004 NSSC 247
Date: 2004 09 27
Docket: S.H. 177818
Registry: Halifax
Between:
Kerry Bevis and Rasim Karela
Plaintiffs
and
CTV Inc., carrying on business as ATV/CTV,
Constable Rick Burns and Constable Bob Kelly
Defendants
LIBRARY HEADING
Judge: The Honourable Justice Gerald R. P. Moir
Heard: September 20th, 21st, 22nd, 23rd, 24th, 27th, 28th, and 29th, 2004
Subject: Constitutional law; Charter s. 24(1); Damages for violation of constitutional rights.
Summary: Defendant constables wrongfully arrested plaintiffs. They were liable in tort. The same facts amounted to violations of constitutional rights. Issues arose concerning instructions to a jury concerning the inter-relation of damages for tort and damages for violation of constitutional rights.
Issues: (1) Whether proof of malice is a condition for recovery of damages under s. 24(1)? (2) Whether the jury should be instructed to award damages only in tort? (3) Whether the jury should be instructed to award damages for violation of constitutional rights in addition to damages for tort?
Result: In an oral decision preliminary to instructing a jury, held negatively on (1) and (2). However, the measure of damages is the same. Under appeal.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.