The plaintiffs, representing the estates and family of two murder victims, sued the Brantford Police Services Board in negligence, alleging the police failed to respond to citizens' reports of suspicious activity prior to the murders.
The defendant brought a Rule 21 motion to strike the statement of claim for disclosing no reasonable cause of action.
The court granted the motion, finding that the police owed a duty to the public at large, not a private law duty of care to the specific victims, as there was no advance notice of a specific risk of harm to them.
The statement of claim was struck without leave to amend.
