What is the standard of proof for a finding of negligent investigation by a public police force?
Prince Edward Island, Canada
The following excerpt is from Lauer v. Attorney General of Canada, 2015 PESC 15 (CanLII):
Since the 2007 decision in Hill v. Hamilton-Wentworth, I gather findings of negligent investigation have been non-existent, or nearly so, and courts have held the standard of proof for a finding of negligent investigation by a public police force is one of gross negligence, which brings this newly created tort very close to the tort of malicious prosecution.
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