Can I Sue the Police in Ontario? A Detailed Guide to Your Rights and Remedies
Yes — you can sue the police in Ontario, but it is only one of several distinct systems and the only one that puts money in your pocket. A plain-English guid...
Frequently Asked Questions
Can I sue the police for a wrongful arrest in Ontario?
Yes. Arresting or detaining someone without lawful authority can ground the torts of false arrest and false imprisonment. The key question is whether the officer had reasonable and probable grounds at the time of the arrest — not whether you were later acquitted or your charges were withdrawn. Note that false imprisonment claims must be brought in the Superior Court of Justice, not Small Claims Court.
How long do I have to sue the police in Ontario?
Generally two years from when you knew, or ought to have known, of your claim, under the Limitations Act, 2002. For malicious prosecution, the two years usually runs from when the charges were resolved in your favour (acquittal, withdrawal, or stay), not the arrest date. Critically, if you are suing the OPP or the province, you must also serve the Crown with written notice of the claim at least 60 days before starting the lawsuit — miss it and the claim can be a nullity.
Do I sue the individual officer or the police service?
Usually both. For municipal or regional police, you name the individual officer(s) and the police service board, which is vicariously liable for its members’ torts under the Community Safety and Policing Act, 2019 (the municipality ultimately covers the board’s liabilities). For the OPP, you sue the Crown in right of Ontario under the Crown Liability and Proceedings Act, 2019.
Can I sue the police in Small Claims Court?
For some claims, yes. As of October 1, 2025, Small Claims Court handles claims up to $50,000, and a licensed paralegal can represent you there — for example, assault, battery (excessive force), or negligent-investigation claims within that limit. But false imprisonment and malicious prosecution cannot be heard in Small Claims Court; they must be brought in the Superior Court of Justice, regardless of the amount.
Is filing a LECA complaint the same as suing the police?
No. A complaint to the Law Enforcement Complaints Agency (which replaced the OIPRD on April 1, 2024) can lead to discipline of the officer, but it does not pay you compensation. Only a civil lawsuit — or, for discrimination, a Human Rights Tribunal application — can result in a monetary award to you. You can pursue a complaint and a lawsuit at the same time.
How much money can I get for suing the police?
It varies widely. Damages can include general damages (pain, suffering, loss of dignity), special damages (lost income, medical and legal costs), aggravated and punitive damages, and Charter damages under section 24(1). Many awards are modest — the Supreme Court upheld $5,000 for an unjustified strip search in Vancouver (City) v. Ward — while serious injury or lengthy wrongful imprisonment can justify much larger sums.
Can a paralegal represent me in a claim against the police?
A licensed paralegal can represent you in Small Claims Court (for eligible claims up to $50,000, such as assault, battery, and negligence) and at the Human Rights Tribunal of Ontario. Claims that must go to the Superior Court of Justice — false imprisonment, malicious prosecution, and Charter-damages claims — require a lawyer, because paralegals do not have rights of audience in that court.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email jeanfrancois@legalassist.london for a free consultation.