Negligent Investigation: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!
Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses Negligent Investigation.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
John Connelly sued the Toronto Police as a result of an investigation that the police conducted into his son’s suicide. Although the police had labelled the death a suicide, Mr. Connelly and his family disagreed and thought that there was foul play at issue.
Because they couldn’t persuade anyone to share their opinion of what had happened, they decided to try to persuade the police through a lawsuit for negligent investigation arguing that the police had been negligent in not investigating whether or not the suicide was in fact, something more nefarious.
The action against the Toronto Police was dismissed on summary judgement on the basis of the fact that there is no standing to sue for negligent investigation if you are the survivor of an investigation involving a deceased person.
The Supreme Court of Canada missed the opportunity here to make things fair for people who are desperate at the hands of police and how they conduct their investigations.
Watch the video for more.