What is the test for the tort of negligent investigation in a case where no charges have ever been brought?
Ontario, Canada
The following excerpt is from Bodick v. R., 2013 CanLII 19893 (ON SC):
In Benjamin v. Hamilton (City) Police Services Board [2010] O.J. No. 2629, a decision of Cavarzan J. of the Ontario Superior Court of Justice, the court, in finding that the tort of negligent investigation was not made out in the circumstances of that case, commented at paragraph 21 that, “it is bizarre to encounter a claim for damages for the tort of negligent investigation in a case where no charges were ever laid or even contemplated”.
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