U of T professor falsely imprisoned by Canadian Tire staff but not threatened, judge rules

A judge has ruled that a University of Torontoprofessor was falsely imprisoned at a Canadian Tire, but rejected
claims that staff had threatened him and caused him to injurehimself after leaving the store.

Steve Mann, a pioneer in wearable computer technology, filed asuit against the Canadian Tire Corporation and a single CanadianTire location over a series of events that took place at the storein downtown Toronto on July 16, 2014.

Mann claimed that, when security sensors went off as he exitedthe store, staff stopped him from leaving, threatened to harm orkill him and demanded that he delete a video he was taking on hisphone, show them his ID and give them his phone number.

In a decision issued Aug. 3, Judge Suhail Akhtar said securitycamera footage and video of the events taken by Mann himself showedthat he was never threatened by staff.

'Shopkeeper's privilege' vs. false imprisonment

Calling Mann's account "vastly exaggerated," Akhtar said hefound the Canadian Tire staff to have acted with courtesy andprofessionalism throughout their interaction with Mann.

"If anything," said Akhtar, "The greatest sense ofintimidation and threat, as demonstrated by the store security
video, emanated from the plaintiff and his conspicuous use of thecamera phone, causing obvious concern to the staff."

The judge found, however, that an exchange captured by Mann'sphone in which an employee tells him he can't leave until a storemanager deletes his video, constitutes false imprisonment.

Akhtar said it fell under "shopkeeper's privilege" to stop acustomer who has set off a security alarm, but that if store staffdetain the customer even after it's found nothing was stolen, theyare liable for false imprisonment.

The judge added, though, that the 13-minute detention was "notparticularly onerous," and that it was unclear whether Mann evenfelt compelled to stay.

Professor claims he was threatened

Mann was later able to recover his deleted footage.Akhtar invited Mann and the Canadian Tire to make submissions
within 30 days to help determine what damages should be awarded.

Mann, who told the court he has an inability to read socialsituations, claimed that an employee who approached him after thesecurity alarm went off blocked his path and told him, "Leave youdie. Plain clothes guards at exit" -- accusations that Akhtar called"a fabrication" in his decision.

Mann also claimed a security guard had told him he had to deletehis video if he wanted to leave the store alive, and that he wasforced to show staff his ID, give them his phone number and waitwhile they verified the number was his.

Even after he complied with staff demands he was not allowed toleave, Mann claimed. An employee tried to block his path but clearedthe way as he approached, Mann claimed.

Akhtar ruled that store security video showed Mann was able toleave the store unimpeded while staff phoned the police to askwhether filming in the store was illegal.

Injuries can't be blamed on company, judge says

After leaving the store, Mann claimed that he heard a loud noiseand turned to see people running from the direction of the CanadianTire.

Thinking he was being chased, Mann said, he began to run and,while looking over his shoulder, collided with metal pipes on theside of a building, knocking himself unconscious.

Mann claimed that he still suffers from impaired concentration,headaches, insomnia, shoulder pain, back pain, indigestion andstomach pain because of the accident.

In addition to rejecting Mann's claims that he was threatened,the judge said it was "not foreseeable that a person of reasonablefortitude" would flee believing Canadian Tire staff were coming toharm them, and ruled that any injuries Mann suffered while runningaway could not be blamed on the company.