The Divisional Court of Ontario has upheld a lower court ruling holding the Hudson's Bay Company liable for unlawfully confining a customer who forgot to pay for a newspaper. The security guard was found to have had insufficient grounds to handcuff and hold the customer. In cases like this, the unlawful confinement may also constitute battery and assault and entitle the injured person to damages. Restraining an individual is possible by security guards in limited circumstances. However, all force used must be measured and reasonable. If the confinement is unlawful, the person detained will be entitled to monetary damages. Contact Marc-Nicholas Quinn, personal injury and accident lawyer at Plant Quinn Thiele LLP for assistance in cases such as these. 613-563-1131, www.pqtlaw.com
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