taxation authorities — would be an extraordinary and unprecedented commercial event.
 For these reasons, the appeal is dismissed. Brompton is
entitled to its costs of the appeal, fixed in the amount of $30,000,
inclusive of disbursements and all applicable taxes.
Elmardy v. Toronto Police Services Board et al.*
[Indexed as: Elmardy v. Toronto Police Services Board]
2017 ONSC 2074
Superior Court of Justice, Divisional Court, Sachs, Nordheimer and Spies JJ.
April 4, 2017
Charter of Rights and Freedoms — Equality before the law — Two
police officers stopping appellant on street and questioning him — Trial
judge finding that there was no reasonable basis to suspect appellant of
involvement in criminal activity — Trial judge erring in declining to
find that appellant was victim of racial profiling on basis that there was
no evidence that decision to stop him was based on his race — Circumstantial evidence giving rise to reasonable inference that officers suspected appellant of criminal activity solely because he was black —
Officers violating appellant’s rights under s. 15 of Charter — Canadian
Charter of Rights and Freedoms, s. 15.
Charter of Rights and Freedoms — Remedies — Damages — Two
police officers stopping appellant on street and questioning him — One
officer punching appellant in face twice after appellant refused to take
his hands out of his pockets — Appellant handcuffed and left lying on
ice-covered deck for 20 to 25 minutes — Appellant’s pockets and wallet
searched — Trial judge finding that appellant’s rights under ss. 8, 9 and
10 of Charter were violated and awarding him damages of $2,000 for s. 9
violation and $1,000 each for s. 8 violation and s. 10 violation — Trial
judge awarding punitive damages of $18,000 — Trial judge erring in
deciding to deal with objectives of deterrence and vindication through
award of punitive damages — Trial judge also erring in failing to find
that officers violated appellant’s rights under s. 15 of Charter by engaging in racial profiling — Damages for Charter violations increased to
$50,000 — Award of punitive damages increased to $25,000 — Canadian
Charter of Rights and Freedoms, ss. 8, 9, 10, 15.
The appellant, a black man, was stopped on the street by two police officers on
a cold night. One officer, the defendant P, testified that he had a hunch that the
appellant might be violating bail terms. The other officer testified that she was
concerned that the appellant might be carrying a weapon because his hands were
Vous trouverez la traduction française à la p. 483, post.