5. Go to your trial

It is up to you to prove your claim. You do this by presenting evidence that shows that the police did something to you that is against the law. Evidence includes what witnesses say and documents that you have filed with the court.

The police officer will also have a chance to tell the judge their version of what happened.

You have to prove your case on a balance of probabilities. This means you have to show the judge that your story is more believable than what the police say happened.

The judge might give you a decision as soon as the evidence has been presented. Or, the judge might need more time to decide. If the judge needs more time, you will get a written decision in the mail.

The judge’s decision will say if the police have to pay you and how much. If you are successful, it’s up to you to try to collect the money.

For information about how to collect the money, read After Judgement – Guide to Getting Results.

Appealing the decision

If your claim was for more than $2,500 you can go to divisional court to appeal the judge’s decision. The divisional court will not listen to new evidence – they will only look at what was said and done in the trial to see if the judge made a mistake.