What is the test for the tort of negligent investigation in a case where no charges have ever been brought?

Ontario, Canada


The following excerpt is from Bodick v. R., 2013 CanLII 19893 (ON SC):

In Benjamin v. Hamilton (City) Police Services Board [2010] O.J. No. 2629, a decision of Cavarzan J. of the Ontario Superior Court of Justice, the court, in finding that the tort of negligent investigation was not made out in the circumstances of that case, commented at paragraph 21 that, “it is bizarre to encounter a claim for damages for the tort of negligent investigation in a case where no charges were ever laid or even contemplated”.

Other Questions


Does a charge of dangerous driving under s. 249 of the Criminal Code constitute a gross negligence of gross negligence? (Ontario, Canada)
Does an assessment officer's finding of negligence constitute negligence res judicata in any claim brought by the client? (Ontario, Canada)
Does a private investigator owe a duty in negligence to investigate workplace theft? (Ontario, Canada)
What are some cases where a lawyer who drafted a will negligently was found liable to a beneficiary who did not receive an inheritance because of the lawyer’s negligence? (Ontario, Canada)
What is the test for a motion to quash a charge of sexual assault brought by a defendant who failed to attend a sentencing hearing? (Ontario, Canada)
What was the scope of College investigators’s investigative powers? (Ontario, Canada)
Is there any case law that allows a plaintiff to plead both an intentional tort of negligence and an unintentional tort of intentional negligence? (Ontario, Canada)
What role does the press play in the investigation and prosecution of criminal charges? (Ontario, Canada)
What is the limitation period for a claim in negligent investigation? (Ontario, Canada)
What deficiencies in the police investigation and explanation for the failure of other investigative procedures to yield evidence about who killed the deceased? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.