The plaintiff landlords sued the City of Windsor and its fire investigators for negligent investigation and malicious prosecution after being charged with operating non-compliant boarding, lodging, or rooming houses under the Fire Code.
The plaintiffs argued the investigators lacked reasonable grounds and were motivated by a desire to curb student housing.
The court dismissed the action, finding that the investigator had reasonable grounds to believe the properties were rooming houses based on the statutory definitions, and that he acted reasonably by seeking advice before laying charges.
The court also found no evidence of malice or oblique motive.