The duty to a family member was also considered in Porter v. Brampton (City), [2002] O.J. No. 5132 (S.C.J.). In that case, the plaintiff’s wife had died in a fire. The plaintiff claimed that the police officer was negligent in the conduct of the investigation. He further claimed that, as a result of the negligent investigation, he was compelled to conduct his own investigation, was put to expense and lost time from work and suffered mental and emotional distress. Backhouse J. concluded that there was no private law duty of care in the circumstances.
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