M. Winward

The defendants, Keith Mallory and Madison Township Police Department (MTPD), brought a motion under Rule 21 of the Rules of Civil Procedure to dismiss the plaintiff's action against them for disclosing no reasonable cause of action and on the basis of forum non conveniens.

The plaintiff, Natenon Tongtae, suffered severe injuries in Ontario after being released by an Ontario police officer who had communicated with the Ohio defendants regarding the plaintiff's missing person status and mental health.

The court dismissed the defendants' motions, finding that the Statement of Claim disclosed a reasonable cause of action in negligence and that Ontario had a real and substantial connection to the action, making it the appropriate forum.

The defendant, Her Majesty The Queen in Right of Ontario (HMQ), brought a Rule 21 motion to strike the plaintiff's claim, arguing there was no private law duty of care owed to the plaintiff and that the claim failed to establish a reasonable cause of action against HMQ.

The plaintiff alleged HMQ was negligent in training police officers, specifically regarding their duties under the Police Services Act and Mental Health Act, leading to the plaintiff's injuries after being released by an Amherstburg police officer.

The court granted HMQ's motion, finding no prima facie private law duty of care owed by HMQ to the plaintiff, either statutorily, by analogy to previous cases, or under the Anns/Cooper analysis, due to a lack of foreseeability and proximity.

The court also determined that police training is a policy matter, not an operational one, and that imposing such a duty would have negative public policy implications, making HMQ a vicarious insurer for all police interactions.

The action against HMQ was dismissed without leave to amend.