Courts are appropriately cautious when assessing in hindsight whether an investigation was negligent. Accordingly, liability for negligent investigation is rare, arising only in circumstances where there is clear evidence that the impugned conduct fell below that of a reasonably prudent officer. Such conduct will occur only where there has been a basic failure to investigate before determining whether or not to lay a charge. Only in the most egregious circumstances can there be any liability for negligent investigation: Wiche v. Ontario, supra, at paragraph 37.
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