Appeals from rule 21 motions in an action arising from a fatal police shooting and the subsequent SIU investigation.
The majority held that the tort of misfeasance in public office requires abuse of statutory or administrative power, and that an alleged failure by police officers to co-operate with an SIU investigation under s. 113(9) of the Police Services Act was a breach of duty, not an abuse of power.
The majority struck the misfeasance claim against the officers and the negligent supervision claim against Ontario, but allowed the negligent supervision claim against the police chief to proceed.
The majority also held the Board could not be liable for negligent supervision because the Act confined it to policy functions and precluded operational direction.
A dissent would have permitted the misfeasance and broader negligent supervision claims to proceed.
