and apply the handcuffs did not involve the use of excessive
force, even if an injury resulted.
 It is, of course, necessary to know how and why the
respondent’s left arm was yanked in order to determine whether
excessive force was used. Without a determination of that
critical question, it is not possible to determine the potential liability of any individual officer or, indeed, the potential vicarious
liability of the Crown, for any resulting damages.
 The evidence before this court is insufficient to make
those key determinations. As a result, a new trial on these narrow issues is required to permit those factual determinations to
( iii) Cross-appeal
 The respondent takes issue with the damages awarded by
the trial judge. Specifically, he submits that there should have
been an award of aggravated damages in the amount of $15,000
for false arrest, wrongful imprisonment and/or breach of his
right to pass unhindered on a public highway. The respondent
also submits that the award of damages for breach of his s. 2(b)
Charter rights should be increased from $5,000 to $30,000.
Finally, the respondent seeks an award of punitive damages in
the amount of $20,000.
 Given the conclusion on the main appeal, I do not reach
these issues. Insofar as they relate to the excessive use of force
issue, they will have to be considered afresh at any new trial.
The conclusion on the main appeal does mean, though, that the
damages awarded at trial for the unlawful arrest and Charter
breaches must be vacated.
 Accordingly, for the reasons given, I would allow the
appeal, set aside the trial judgment including all of the damage
awards, and direct a new trial on the sole issue of whether
excessive force was used when the respondent was arrested and,
if so, what damages follow. I would dismiss the cross-appeal.
 The respondent asked that, if the appeal was allowed, he
be able to make submissions as to why he ought not to have to
pay the costs of the appeal. Consequently, the respondent shall
have ten days from the date of these reasons to file written submissions on the costs of the appeal. The appellants shall have ten
days to respond. No reply submissions are to be filed. The submissions are not to exceed five pages. The costs of the trial are
reserved to the judge who hears and determines the new trial or
through any other order of the Superior Court of Justice.