The self-represented plaintiff brought an action against the Toronto Police Services Board, the former Chief of Police, and two police officers, alleging negligence and violations of the Charter and the Human Rights Code arising from his interactions with police when reporting an incident.
The defendants brought a motion to strike the statement of claim and dismiss the action.
The court granted the motion, finding that the statement of claim disclosed no reasonable cause of action, as Charter damages cannot be claimed against individuals, there is no private law duty of care for police investigations, and a freestanding Human Rights Code claim cannot be brought in civil court.
The action was dismissed without leave to amend.