The police officer approached Mr. Levesque's vehicle, which was already parked in a mall parkade. He argued that he had been arbitrarily detained. The Ontario Court of Appeal disagreed:
There was no basis to conclude that the appellant was arbitrarily detained in the momentary delay before the officer noticed alcohol on the appellant’s breath; mere contact with a police officer does not constitute arbitrary detention. R. v. Levesque, 2014 ONCA 890, affirming R. v. Levesque, 2013 ONSC 5125.