495793 Ontario Ltd. v. Barclay et al.,

• Jurisdiction: Ontario
• Judge: Juriansz, Epstein and Pepall, JJ.A.
• Court: Court of Appeal (Ontario)
• Citation: 2016 ONCA 656,(2016), 352 O.A.C. 290 (CA)
• Date: 01 March 2016

495793 Ont. v. Barclay (2016), 352 O.A.C. 290 (CA)

MLB headnote and full text

Temp. Cite: [2016] O.A.C. TBEd. OC.001

495793 Ontario Ltd. c.o.b. as Central Auto Parts and Ricardo P. Mercuri (plaintiffs/respondents) v. Frank Barclay and City of Thunder Bay Police Services Board (defendants/appellants)

(C59053; 2016 ONCA 656)

Indexed As: 495793 Ontario Ltd. v. Barclay et al.

Ontario Court of Appeal

Juriansz, Epstein and Pepall, JJ.A.

September 2, 2016.

Summary:

The plaintiffs sued a police officer (lead investigator) and the City of Thunder Bay Police Services Board (defendants), seeking damages for negligent investigation.

The Ontario Superior Court, in a decision reported 2014 ONSC 3517, allowed the action, and awarded substantial damages. The defendants appealed.

The Ontario Court of Appeal allowed the appeal. The trial judge, inter alia, erred by deciding the content of the standard of care expected of the police without expert evidence. The court, therefore, set aside the trial judge's judgment, except for an award of $70,000 for the loss or property improperly stored by the police.

Police - Topic 5031

Actions against police - Negligence - Conduct of investigation - See paragraphs 45 to 97.

Torts - Topic 48

Negligence - Standard of care - Particular persons and relationships - Police officers - See paragraphs 45 to 97.

Counsel:

C. Kirk Boggs, Jasmine T. Akbarali and David Litwin, for the appellants;

Paul J. Pape and Joanna L. Nairn, for the respondents.

This appeal was heard on March 1, 2016, before Juriansz, Epstein and Pepall, JJ.A., of the Ontario Court of Appeal. The following decision was delivered for the court by Juriansz, J.A., on September 2, 2016.