The plaintiffs sued various provincial and municipal officials for negligent investigation, malfeasance in public office, and Charter breaches after the plaintiff Hilary Payne was charged with arson by negligence following a fire at a student rental property.
The defendants brought motions for summary judgment to dismiss the claims.
The court granted summary judgment dismissing the claims against one defendant (an engineer-in-training) and the Charter claims under ss. 8, 11(d), and 11(g).
However, the court dismissed the balance of the summary judgment motions, finding that the novel issues of duty of care, standard of care, causation, and statutory immunity required a full trial to resolve conflicting evidence and assess credibility.
