The appellants appealed a motion judge's decision striking out their negligence claim against the Toronto Police Services Board without leave to amend.
The appellants alleged the police owed them a duty of care in investigating a crime affecting their family.
The Court of Appeal upheld the dismissal, finding that the precedent in Wellington v. Ontario established that police do not owe a private law duty of care to victims of crime and their families in relation to police investigations.
The court rejected the appellants' arguments that their case was distinguishable based on their lack of certain victim remedies or their assistance to police in the investigation.
