What is the standard of care of an off-duty police officer?
Ontario, Canada
The following excerpt is from Latimer v. Kingston Police and Smith, 2012 ONSC 3897 (CanLII):
Even if the court finds that an off-duty police officer should be held to a higher standard than a regular citizen in the circumstances, he or she should not be held to the same standard as an on-duty police officer, The appropriate standard of care if he had been on-duty, would be that of a “reasonable officer”. To support that proposition, the defendants are relying on Kasstan v. Toronto Police Services Board 2007 CarswellOnt 5435 at para 9.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a police disciplinary record that is not in the control of the police force required to be disclosed by the police officer to the police community? (Ontario, Canada)
Can an Employment Standards Officer be found to be unqualified, unqualified or unqualified to be an employment standards officer? (Ontario, Canada)
How have courts struck down allegations of breach of fiduciary duty in pleadings against police officers and vicariously the police services board and police chief? (Ontario, Canada)
Is a Police Complaint Board (PSB) member allowed to speak out in the presence of a police community support officer? (Ontario, Canada)
Can a police officer be found guilty of obstruction under the Criminal Code for failing to yield to the officer's command to desist from further infringement of the municipal by-law? (Ontario, Canada)
What is prejudice against a police officer who has been denied promotion because of the delay in getting notice of application to the Police Complaints Board? (Ontario, Canada)
What is the standard of conduct of a municipal police officer? (Ontario, Canada)
Is there any authority for the proposition that it is the standard of an ordinary, right-thinking member of society that is a reasonable standard of conduct for assessing the impact of an offensive statement? (Ontario, Canada)
Can a police officer who stopped and detained a driver for an ASD test be held in bad faith? (Ontario, Canada)
What is the test for relying on a template used by a police officer at trial for evidence in a speeding case? (Ontario, Canada)
