The appellant, acquitted of all charges after a jury trial, appealed a summary judgment dismissing his civil claim against the Toronto Police Services Board and police officers for negligent investigation and perjury.
The motion judge found several claims statute-barred and determined the appellant adduced no evidence capable of supporting the remaining claims.
The Court of Appeal upheld the dismissal, holding that while acquittal is a necessary condition for a negligent investigation claim, it is not sufficient; there must also be evidence of a breach of the standard of care of a reasonable police officer.
The appellant failed to adduce such evidence.
