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Security Guard Mistakes That Can Lead to Lawsuits: Lessons for Ontario Guards

ByJessie Crozier

A security guard stops someone suspected of shoplifting. A visitor refuses to leave a commercial property. A confrontation escalates, and a guard decides to use physical force.

These situations can unfold in minutes. But when a security guard acts outside their legal authority, the consequences can last for years.

In Ontario, security guards are responsible for protecting people, property and information while operating within clearly defined legal boundaries. Their decisions must reflect the law, their training and the professional standards expected of licensed security personnel.

An unlawful arrest, discriminatory search or inappropriate use of force can result in civil lawsuits, human rights complaints, disciplinary consequences and reputational damage.

Two recent legal developments in British Columbia demonstrate why understanding these responsibilities is so important.

Although the incidents occurred outside Ontario, they offer valuable lessons for anyone preparing to work in the province’s security industry.

Two Real Canadian Cases That Every Security Guard Should Know

Security guards are often expected to make quick decisions under pressure.

However, acting with good intentions doesn’t automatically make an intervention lawful.

These two cases demonstrate what can happen when security personnel exceed their authority or fail to treat members of the public appropriately.

Metrotown Mall: When an Unlawful Arrest Leads to $1.8 Million in Damages

In 2019, security guards at Metropolis at Metrotown in Burnaby, British Columbia, confronted a young person they believed had previously been banned from the shopping centre.

The interaction escalated into an unlawful arrest, physical assault and detention.

According to the court proceedings, the guards pushed the individual down a set of stairs, detained them in a locked room and denied access to a telephone.

The defendants admitted liability for assault, false arrest and false imprisonment.

The individual suffered physical injuries and psychological harm.

In April 2026, a British Columbia court awarded approximately $1.8 million in damages, including $1 million in punitive damages against Paladin Security.

The court was also critical of the company’s response to the incident, including failures to investigate and appropriately address the misconduct.

For Ontario security guards, the case raises an important question:

Do you understand the difference between enforcing property rules and exercising lawful arrest authority?

A security guard may have responsibilities involving trespassing or access control, but those responsibilities do not provide unlimited powers to detain or physically remove individuals.

Canadian Tire: The Legal Consequences of Discriminatory Treatment

A separate incident at a Canadian Tire store in Coquitlam, British Columbia, involved Richard and Dawn Wilson, a father and daughter from the Heiltsuk Nation.

In January 2020, the pair were shopping while waiting for vehicle service.

During checkout, a security guard employed by Blackbird Security singled out Richard Wilson for a backpack search.

When Dawn Wilson questioned the treatment, a store employee responded with racist remarks.

The Wilsons subsequently pursued a human rights complaint.

In May 2026, the matter was resolved through a settlement.

As part of the agreement, Blackbird Security acknowledged that its former employee had violated British Columbia’s Human Rights Code through racial profiling and discrimination.

The store acknowledged derogatory remarks made by a former employee, while Canadian Tire Corporation acknowledged shortcomings in how the complaint was forwarded.

The settlement also included commitments to additional training, improved complaint-handling procedures and objective, race-neutral loss-prevention practices.

Although the settlement was not a tribunal ruling following a full hearing, it demonstrated how discriminatory security practices can lead to serious organizational consequences.

For Ontario security guards, this case reinforces the importance of applying security procedures fairly, consistently and without discrimination.

What Ontario Security Guards Need to Understand About Legal Authority

One of the most important components of professional security training is understanding the limits of a security guard’s authority.

Security guards are not police officers.

Although they may be responsible for enforcing property rules, monitoring access and responding to incidents, their authority is limited by applicable legislation.

In Ontario, several laws are particularly relevant.

The Private Security and Investigative Services Act, 2005

Ontario’s Private Security and Investigative Services Act, 2005 (PSISA) establishes the provincial framework for licensing and regulating security guards and private investigators.

The legislation and its regulations address matters such as licensing requirements, professional conduct and compliance.

Licensed security guards must follow applicable legal and professional standards while performing their duties.

However, holding a security guard licence does not grant police powers.

The Criminal Code of Canada

The Criminal Code contains provisions governing arrests by persons other than peace officers, self-defence, defence of property and circumstances in which force may be legally justified.

These provisions apply in Ontario, but they are subject to specific legal requirements.

For example, a security guard cannot lawfully detain someone simply because they appear suspicious or refuse to answer questions.

Any arrest must meet the applicable legal conditions.

Ontario’s Trespass to Property Act

Security guards frequently work at locations where access is restricted, or property rules must be enforced.

Ontario’s Trespass to Property Act provides a legal framework for certain trespassing situations, including entry without permission and failure to leave when directed.

However, security guards must understand the conditions and limitations associated with any enforcement action.

The ability to request that someone leave a property is not the same as having unrestricted authority to arrest or use force.

The Ontario Human Rights Code

Security guards also have responsibilities relating to fair and non-discriminatory treatment.

The Ontario Human Rights Code protects people from discrimination in specified social areas, including services, goods and facilities.

In public-facing security assignments, guards must ensure that decisions are based on legitimate security concerns rather than assumptions about protected personal characteristics.

The Canadian Tire settlement demonstrates why understanding human rights responsibilities is an essential part of professional security work.

Five Mistakes That Can Expose Ontario Security Guards to Liability

The lessons from these cases become especially important when applied to everyday security assignments.

Mistake #1: Making an Arrest Without Lawful Grounds

Imagine you’re working security at a shopping centre in Toronto.

You notice someone behaving suspiciously near a retail display. They appear nervous and frequently look toward the store entrance.

You believe they may be planning to steal something.

Can you detain them?

Not simply because their behaviour seems suspicious.

A lawful arrest requires specific legal grounds under the applicable legislation.

Security guards working in loss prevention must understand the Criminal Code provisions governing arrests and follow appropriate procedures.

Common loss-prevention practices may include observing merchandise selection, maintaining continuity of observation, and documenting evidence of an offence.

However, these practices are not a universal legal checklist. The legal authority to arrest depends on the specific circumstances.

The lesson: A suspicion of wrongdoing is not automatically sufficient grounds for an arrest.

Mistake #2: Using Force to Gain Compliance

You’re working at a commercial building in Mississauga.

An individual has been told they are not permitted to remain on the property. They refuse to leave and begin arguing.

Does that automatically justify physically removing them?

No.

Ontario security guards must understand the applicable legal requirements before using force.

The Criminal Code recognizes limited circumstances in which force may be legally justified, including certain situations involving self-defence, defence of property and lawful arrests.

Ontario’s trespass legislation may also be relevant in specific circumstances.

However, none of these laws gives security guards unlimited authority to use force whenever someone refuses to cooperate.

Guards must understand the legal grounds for their actions and consider safer alternatives whenever appropriate.

These may include:

  • Calmly explaining the request.
  • Maintaining a safe distance.
  • Using de-escalation techniques.
  • Requesting assistance.
  • Following established emergency procedures.

The Metrotown case demonstrates how an inappropriate physical intervention can result in serious harm and significant legal consequences.

Mistake #3: Conducting Searches Without Proper Authority

Security guards may work in environments where bag inspections or access screening are part of established procedures.

However, a security guard does not have general police search powers.

The legality of a search depends on the circumstances, applicable law, and whether valid consent or another lawful basis exists.

For example, a venue may have a clearly communicated bag-inspection policy as a condition of entry.

That does not mean a guard can automatically force someone to submit to a search.

If an individual refuses, the appropriate response may involve declining entry or following established procedures, depending on the circumstances.

Guards should understand the difference between requesting consent and claiming legal authority to search.

The Canadian Tire case also demonstrates why screening procedures must be applied fairly and without discrimination.

Mistake #4: Allowing Personal Bias to Influence Decisions

Imagine you’re assigned to security at a busy retail location.

Two customers enter carrying similar backpacks, but only one is selected for additional screening without an objective reason.

Even if the guard believes they’re being cautious, inconsistent treatment can raise serious concerns about discrimination.

Ontario security guards must apply policies fairly and base decisions on observable behaviour and legitimate security considerations.

Protected personal characteristics should never be used as substitutes for evidence of wrongdoing.

Professional conduct involves:

  • Treating people respectfully.
  • Applying screening procedures consistently.
  • Avoiding stereotypes.
  • Understanding human rights obligations.
  • Taking complaints seriously.

Fair treatment helps protect the rights and dignity of the public while reducing the risk of discriminatory conduct.

Mistake #5: Failing to Document or Report an Incident Properly

Not every security mistake involves a physical confrontation.

Poor documentation and failure to report concerns can also create problems.

Imagine a security guard witnesses an altercation but writes only:

“Customer became aggressive. Situation handled.”

That statement provides very little useful information.

A professional incident report should describe relevant facts, such as:

  • When and where the incident occurred.
  • What the guard observed.
  • What was said.
  • What actions were taken.
  • Whether assistance was requested.
  • Whether anyone was injured.
  • What happened after the incident.

Reports should distinguish direct observations from statements made by others or conclusions drawn by the guard.

Accurate documentation can be important when an incident is reviewed by management, investigated by authorities or considered during legal proceedings.

Why Ontario’s 40-Hour Security Guard Training Matters

In Ontario, individuals seeking a security guard licence must complete the required basic training before becoming eligible to take the provincial licensing test.

The standard basic security guard training program consists of 40 hours, including required emergency-level first aid and CPR certification.

The curriculum is designed to introduce aspiring guards to the legal, practical and professional responsibilities of the role.

Several training topics connect directly to the lessons from the Metrotown and Canadian Tire cases.

Legal Authorities

Security guards need to understand the legislation that governs their work, including arrest authority, trespassing, and the limitations of their role.

The Metrotown incident demonstrates why this knowledge is essential.

Effective Communication

Security work involves frequent interaction with the public.

Training in communication helps guards understand how to provide clear instructions, manage difficult conversations, and reduce unnecessary conflict.

Sensitivity and Professional Conduct

Guards must understand the importance of respectful, fair, and non-discriminatory treatment.

The Canadian Tire settlement highlights the consequences that can arise when these principles are not followed.

Use-of-Force Awareness

Security guards must understand the legal restrictions and potential consequences associated with physical intervention.

Training helps establish foundational knowledge about lawful authority and professional decision-making.

Report Writing

Security guards need to document incidents accurately and objectively.

Proper reporting supports accountability and helps organizations respond appropriately when concerns arise.

These subjects aren’t simply material to memorize for the provincial test.

They represent knowledge that security guards may need throughout their careers.

Security Companies and Property Owners Also Have Responsibilities

The consequences of security misconduct don’t always end with the individual guard.

Employers and client organizations may also face legal exposure, depending on their actions and responsibilities.

Security Companies

Security employers should provide appropriate training, clear policies and effective supervision.

They must also respond seriously to complaints and reports of misconduct.

The Metrotown case demonstrates how failures in organizational accountability can contribute to substantial legal consequences.

Property Owners and Client Organizations

Shopping centres, residential properties, office buildings and other businesses frequently hire contract security providers.

However, outsourcing security does not automatically remove every potential source of legal responsibility.

Clients should support lawful security procedures, fair treatment and appropriate complaint handling.

The Canadian Tire settlement demonstrates how multiple organizations can become involved when discriminatory treatment occurs, and complaints are not properly addressed.

Training Is the Starting Point, Not the Finish Line

Completing Ontario’s mandatory security guard training is an important first step toward becoming licensed.

However, passing the provincial test doesn’t mean a guard will never encounter a difficult legal or ethical decision.

Security professionals must continue applying their knowledge, following current procedures and exercising sound judgment on the job.

Whether you’re working in retail security, access control, residential security, healthcare or event security, the same fundamental responsibilities apply.

You must understand your authority, respect people’s rights and make decisions that can be clearly explained and justified.

The difference between a professionally handled incident and a costly legal dispute may come down to a single decision.

Prepare for a Career in Ontario Security

The Metrotown Mall and Canadian Tire incidents demonstrate why proper training and professional judgement matter.

An unlawful arrest can lead to substantial damages.

Discriminatory treatment can result in human rights complaints and organizational consequences.

Poor communication, inadequate supervision, and failures in accountability can make difficult situations even worse.

For aspiring Ontario security guards, the most important lessons are straightforward:

  • Know your legal authority and its limitations.
  • Base decisions on objective facts.
  • Treat people fairly and respectfully.
  • Use de-escalation whenever appropriate.
  • Understand the legal restrictions on physical intervention.
  • Document incidents accurately.
  • Follow professional standards and established procedures.

At Ontario Guard Training, we help aspiring security professionals complete the training required to take the next step toward obtaining an Ontario security guard licence.

Our online training provides a foundation in the knowledge and responsibilities associated with working in the security industry.

Because becoming a professional security guard isn’t just about passing a test. It’s about understanding the decisions you’ll be responsible for making once you’re on the job.

Explore your Ontario security guard training options at OntarioGuardTraining.ca.

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