The plaintiffs, the estate and family of a man fatally shot by police, brought actions for misfeasance in a public office and negligence against the involved officers, the Chief of Police, the Police Services Board, and the Province.
The claims arose from the officers' alleged failure to cooperate with the Special Investigations Unit (SIU) investigation.
The defendants moved to strike the claims for disclosing no reasonable cause of action.
The Supreme Court of Canada held that the actions for misfeasance in a public office against the officers and the Chief, and the negligence action against the Chief, could proceed, as it was not plain and obvious they would fail.
However, the negligence actions against the Board and the Province were struck out because they did not owe a private law duty of care to the plaintiffs to ensure officers cooperated with the SIU.
