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Ruling raises bar for police negligence claims

Thursday, September 29, 2016 @ 8:00 PM | By Michael Benedict

The grounds for bringing a successful negligence action against the police have been narrowed following a recent Ontario Court of Appeal decision requiring expert evidence on the appropriate standard of police care in complicated investigations, unless officers act in an egregious fashion.

In 495793 Ontario Ltd. (Central Auto Parts) v. Barclay 2016 ONCA 656, the high court earlier this month overturned a $1.2 million damages award against the Thunder Bay, Ont., police force that, according to the trial judge, had acted negligently in bringing forward charges...