A B.C. Supreme Court judge has awarded $60,000 to a man who alleged assault and battery as a result of being bitten by an RCMP service dog in March 2020.
Noll Grenfal, who was 47 at the time of the March 8 incident, named as defendants in the case the minister of public safety and solicitor general of British Columbia and the attorney general of Canada.
Justice Michael Thomas said in his Aug. 30 decision that two RCMP officers were sent to Grenfal’s residence after reports of a domestic dispute. Thomas didn't indicate in his written ruling where in B.C. the incident occurred.
“Mr. Grenfal denies assaulting his partner, cutting her Jeep and ramming her brother’s truck,” the judge said.
Grenfal also denied being drunk on the evening of March 7 — the night before the incident — but hospital records indicate that he was in the hospital for substance intoxication and anxiety.
And, among other things, he denied threatening his partner from a pay phone the previous evening or early morning.
“However, the hospital records indicate that he did,” Thomas said.
The dog incident
The judge said when two officers arrived at the scene, they correctly perceived that Grenfal was subjecting his partner to escalating violent behaviour and properly characterized the situation as one where Grenfal posed a risk of “grievous bodily harm or death.”
One officer drew his gun while the other approached with the dog.
While he obeyed other orders, Grenfal did not lay prone on the ground as directed.
“Mr. Grenfal only got down to his knees and continued to speak with the officers and was trying to convince them that everything was fine and that he did not need to prone out on the grass,” Thomas said.
There was a fear the man might have had a hidden weapon.
The dog handler did not have a specific recollection of issuing a warning that he would release the dog.
“It was also his standard practice to note that such a warning had been given in his post-incident reporting and notes and that the policy of the RCMP was to make a note if a warning had been given,” the judge said.
“I find that Corporal Carey did not give a warning prior to releasing the [dog],” Thomas said.
The judge said attempts to de-escalate situations have become more common in recent years instead of immediately resorting to use of force.
Thomas said the officer was focused on quickly arresting Grenfal from the moment he arrived at the scene in order to protect the partner.
“This is understandable given the information provided to him by dispatch from the 911 call," he wrote.
"However, during the encounter, Corporal Carey erred and acted unreasonably in rushing to release the [dog] to force Mr. Grenfal onto the ground on the basis that ‘time was of the essence.’ Time was not of the essence, in the absence of a cue that Mr. Grenfal was initiating an attack on them or attempting to get to his partner in the house.”
The injuries
Grenfal received three lacerations to his right forearm at depths of three, two and five centimetres, respectively. The lacerations had to be stapled shut.
The hospital records indicate that his hand was neurovascularly intact with good muscle tone and that he was able to move all fingers vigorously.
Grenfal said he received residual wound care and returned to work although doctors suggested further care. He did not follow up with physiotherapy or surgery.
“I have found Mr. Grenfal’s testimony to be self-serving and unreliable,” Thomas said.
In the end, Thomas awarded Grenfal $40,000 in non-pecuniary damages and $20,000 in loss of past income for a total of $60,000.
