How have courts struck down allegations of breach of fiduciary duty in pleadings against police officers and vicariously the police services board and police chief?
Ontario, Canada
The following excerpt is from Evans v. Sproule, 2008 CanLII 58428 (ON SC):
Indeed, this reasoning led the court in Romagnuolo v. York (Regional Municipality) Police (2001),108 A.C.W.S. (3d) 57, [2001] O.J. No. 3537 (Sup. Ct. J.) to strike allegations of breach of fiduciary duty in the pleadings against police officers and vicariously the relevant police services boards and police chiefs, as disclosing no reasonable cause of action. In that case, the police had knocked down the plaintiff’s door, and shot two of the occupants. The court found that certain hallmarks of a fiduciary relationship including trust, confidence, and loyalty were “completely absent” from that scenario.
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