BC Court Awards $1.8 Million to Teen for Wrongful Arrest, Assault by Mall Security

A B.C. judge has awarded $1.8 million to a teen wrongfully detained and injured at a Burnaby shopping mall in 2019, finding that security guards used excessive force.

The B.C. Supreme Court ruling found that the security guards at the Metropolis at Metrotown in Burnaby had detained the 18-year-old—a transgender male who identified as female at the time—on the mistaken belief the teen was still subject to a mall ban issued months earlier for climbing over a security barrier.

The judge withheld the name of the plaintiff in the case, citing their young age at the time of the detainment.

Justice Francesca Marzari ruled the mall ban was not legally in effect on Nov. 23, 2019, and that the teen had committed no offence. The ruling said guards used force during the citizen’s arrest and held the teen in a detention cell for 45 minutes before the RCMP arrived. No criminal charges were laid.

The plaintiff also testified that a male guard did a chest pat-down during the search. The judge found that the mall’s protocol prohibits a male guard from searching a female detainee, noting no effort was made to clarify the plaintiff’s gender or offer a same-sex search even though a female guard was present.

The defendants—mall owner Ivanhoe Cambridge (now operating under La Caisse) and Paladin Security—argued the plaintiff contributed to the incident by failing to comply with security instructions, resisting removal, and allegedly assaulting a guard, and further claimed damages should be reduced due to lack of timely medical treatment.

According to the ruling, the incident began when the teen, who was with friends, was asked to leave the mall. While exiting, the teen briefly stopped at a store. Security guards followed and then restrained the teen in an arm lock.

The situation escalated outside the mall, where guards forced the teen to the ground. The court heard that multiple guards piled on top of the plaintiff, and that one guard later pushed the teen down a set of stairs. The judge also accepted evidence that the teen was kicked while being handcuffed.

Justice Marzari found the detention was unlawful and that the justification for removing the teen from the mall was “mistaken and unfounded.” The judge also rejected claims that the teen had assaulted a guard, finding them inconsistent and not supported by video evidence.

The plaintiff had alleged that following the incident they had suffered a concussion with vomiting, disorientation, headaches, and light sensitivity, as well as bruising, rib and shoulder pain, and cuts and scrapes. Psychological impacts included nightmares, sleep disruption, shame, self-blame, suicidal ideation, and social withdrawal, with some symptoms lasting months or longer.

The plaintiff had sought $25,000 in past losses and $700,000 for future earning capacity, arguing the incident delayed training and reduced long-term career prospects. The defendants argued that the plaintiff was not working at the time and later held minimum-wage jobs before securing full-time employment.

In total, the court awarded the teen $1,800,481 in damages, including $250,000 for non-pecuniary and aggravated damages, $25,000 for past income loss, $500,000 for future earning capacity, $25,000 for future care costs, $481 in health care costs, and $1 million in punitive damages. Ivanhoe Cambridge and Paladin were found jointly liable for compensatory damages, but only Paladin was ordered to pay punitive damages.

“We are both surprised and disappointed by the ruling of Justice Marzari. We are reviewing the decision carefully and obtaining advice on a possible appeal,” Paladin Security President Chad Kalyk said in an email to The Epoch Times.

The plaintiff’s lawyer could not be reached for comment.