$20,000 award for an unlawful arrest for not holding a handrail, what can breach your ICBC coverage, and Law Society rules for lawyers making public statements

Published: Dec. 6, 2019, 1 a.m.

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Police officers in Montreal believed that a warning picture on an escalator, suggesting that people hold the handrail, made this a legal requirement. The police officers ordered a woman to hold onto the handrail and, when she refused, they arrested her, placed her in handcuffs, searched her purse, and issued her a ticket for not holding onto the handrail.

After being acquitted of the non-existent offence of failing to hold onto the handrail, the woman sued the police officers.\\xa0

The woman was unsuccessful both at trial and on appeal to the Quebec Court of Appeal. Both of these courts held that the woman was the author of her own misfortunate and that she should have just obeyed the police officers. The Supreme Court of Canada, however, disagreed and awarded the woman $20,000 plus court costs, as a result of her unlawful arrest.

The Supreme Court of Canada concluded that people should not have to put up with being unlawfully arrested, and such actions should not be trivialized.\\xa0

Also discussed are various ways people can breach the terms of their ICBC insurance coverage. The Insurance (Vehicle) Act and corresponding regulations set out the terms of ICBC insurance coverage, much like an insurance contract would in the case of private insurance.\\xa0

Part 5 of the Insurance (Vehicle) Act regulations set out numerous ways in which you can breach the terms of your ICBC insurance. If you are in breach you effectively have no insurance and can be personally responsible for paying for any loss or damage you cause.

Some of the ways you can breach your ICBC insurance coverage are relatively clear: a conviction for a Criminal Code driving offence, or driving while prohibited, for example.\\xa0

Other ways you can end up in breach include more ambiguous and include activates such as operating a vehicle \\u201cfor an illicit or prohibited trade or transportation\\u201d or \\u201cif the insured is not authorized and qualified by law to operate the vehicle\\u201d. These may be relevant in the context of ride-sharing regulations.

Finally, a Law Society citation for a lawyer who conducted a press conference is discussed. The Law Society rules respecting the need to keep client information confidential, and circumstances in which a lawyer is permitted to provide information to the media are discussed.\\xa0

Follow this link, for a transcript of the show and links to the cases discussed.

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