The plaintiff was seriously injured when attacked by a rival gang member in a provincial jail.
The plaintiff sued Ontario and others, alleging that a correctional officer was negligent in placing the plaintiff and the assailant in the same unit despite the jail's policy of separating members of the same gang.
The trial judge found for the plaintiff.
On appeal, Ontario argued that the policy negated any duty of care and that the trial judge erred in applying the standard of care and finding causation.
The Court of Appeal dismissed the appeal, holding that the policy did not negate the common law duty of care, that the correctional officer breached the standard of care by failing to consider inmate incompatibility, and that the negligence caused the plaintiff's injuries.