The defendants sought leave to appeal an order dismissing their motion to strike the plaintiffs' statement of claim.
The plaintiffs sued the police for negligence, Charter breaches, and public misfeasance after being victims of a drive-by shooting, alleging the police failed to arrest the known shooter.
The court granted leave to appeal, finding conflicting decisions between two judges on similar pleadings and reason to doubt the correctness of the motion judge's novel approach to determining police liability.
