Metrotown owner and security firm ordered to pay more than $1.8 million after wrongful detention of 18-year-old

A B.C. Supreme Court judge has ordered the owner of Burnaby’s Metropolis at Metrotown mall and its contracted security company to pay more than $1.8 million in damages after an 18-year-old was wrongly detained and injured during a violent encounter in 2019.

Ivanhoe Cambridge, now operating as La Caisse, and Paladin Security were found liable for the plaintiff’s physical injuries and the post-traumatic stress disorder that followed the incident.

The court found the teenager suffered a concussion during the detention, along with severe headaches and sleep disturbances that continued for years afterward.

Justice Francesca Marzari said the use of force was based on a false premise from the outset and made clear that the plaintiff had committed no offence.

Court finds detention was unfounded

The incident took place on Nov. 23, 2019, when the 18-year-old was at the mall with friends.

According to the judgment, security guards were relying on a previous banning order that had been issued in August after the teen had jumped a gate while leaving the mall.

But the court found that the plaintiff had been allowed to leave through the gate along with other patrons at the time, and that the banning order itself was valid for only 24 hours.

As a result, Marzari concluded the teen was not trespassing when they returned to the mall in November.

Because the plaintiff was 18 at the time of the detention, the judge withheld their name from the decision.

Violent takedown captured on video

The court heard that the teen and their friends were asked to leave the mall and had begun to comply.

However, they stopped briefly at a Champs Sports store to pick up a house key rather than heading directly to the exit.

Security guards followed the group, and when the plaintiff left the store, two guards abruptly grabbed them and placed them in an arm lock.

Marzari said surveillance footage did not support claims that the teenager was being aggressive at that point.

The judgment says the plaintiff was then marched through the mall before being taken down outside, where guards forced their face to the ground and piled on top of them.

The court also heard that CCTV footage showed a security guard pushing the teen down a set of stairs onto a sidewalk, followed by another guard kicking them in the ribs while they were being handcuffed.

According to the judgment, the teen was then walked back through the mall in handcuffs by a group of guards, with their body and face pressed into doors as they were moved through the building.

Held in cell without legal basis

After the takedown, the plaintiff was placed in a small holding cell for 45 minutes and had their phone confiscated.

Marzari said there was no legal basis for either action.

The teen’s mother was also prevented from seeing them when she arrived, and the court found the plaintiff was not even allowed to try to speak with her through the cell door.

The teenager was eventually released into RCMP custody, but no criminal charges were ever pursued.

Judge criticizes Paladin’s conduct

Metrotown’s owners and Paladin claimed the plaintiff had insulted guards and struck one of them before the arrest.

But the judge rejected that version of events, finding the defence evidence inconsistent and unsupported by video footage.

In her ruling, Marzari said Paladin’s investigation into the incident had been cursory and deficient.

She also said the company admitted it had negligently trained its guards and failed to seriously review the allegations or consider corrective action in the years that followed.

The judge went further, writing that Paladin’s response reflected a broader culture within upper management when confronted with complaints involving excessive force.

More than $1.8 million awarded

Marzari awarded $800,481 in damages jointly against the mall owner and Paladin Security.

She also ordered Paladin alone to pay $1 million in punitive damages, saying the company’s conduct warranted condemnation and punishment beyond compensation for the plaintiff’s injuries.

Paladin Security president Chad Kalyk said the company was reviewing the ruling and considering a possible appeal, adding that it was surprised and disappointed by the decision.