COURT OF APPEAL FOR ONTARIO
Rouleau, Tulloch and Strathy JJ.A.
BETWEEN
Michael Melchior Trupei
Plaintiff/Appellant
and
The City of Toronto Inc. and 51 Police Division
Appellants/Defendants
Michael M. Trupei, in person
Matthey Cornett, for Toronto Services Board
Heard: January 17, 2014
On appeal from the judgment of Justice T. McEwen of the of the Superior Court of Justice, dated May 16, 2013.
APPEAL BOOK ENDORSEMENT
1The appellant appeals the dismissal of his claim for negligent investigation of a theft and misfeasance in public office. He maintains that he entered into a contract with the police and that the police breached it. We would not give effect to this submission. The motion judge committed no error in dismissing the claim.
2There is no basis for the appellant’s claim that a contract was entered into or that a special relationship was created with the police. The motion judge correctly applied the law and we see no basis to interfere. Costs to the respondent fixed at $2,500 all inclusive.