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Home > SCC Decision: October 4, 2007

SCC Decision: October 4, 2007

Thu, 2007-10-04 08:06 — Andrew Pilliar
Taxonomy upgrade extras: 
SCC summaries by Andrew Pilliar [1]
Research articles : 
Police [2]

Hill v. Hamilton-Wentworth Regional Police Services Board, 2007 SCC 41
Click here [3] to link to the full judgment.
(Negligence / Police Investigation / Negligent Investigation)
After acquittal at a second trial for robbery, H sued the police for negligence.  Among other things, H alleged that the police identification process was flawed.  The Court dismissed H's claim, but accepted that the tort of negligent investigation exists in Canadian law.  There is a sufficient relationship between a suspect and the police to justify this tort.  No policy reasons negative the duty of care.  The standard of care is a flexible one, to be assessed based on common policing practices when the investigation was under way.
Majority/Dissent on cross-appeal: 6/3

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[1] https://www.legaltree.ca/taxonomy/term/86
[2] https://www.legaltree.ca/taxonomy/term/126
[3] http://scc.lexum.umontreal.ca/en/2007/2007scc41/2007scc41.html