In the interesting decision in Drury v.
Cornish, 2020 ONSC 1173, Justice Barnes, writing for the
Divisional Court, explored the applicable standard of care for a
claim against police in negligent investigation.
The plaintiff, Philip Cornish, a criminal defence lawyer,
commenced a claim against the OPP and two of its Officers for
negligent investigation.
Mr. Cornish had been arrested and charged with criminal
harassment, following a complaint by his estranged wife that she
was being harassed by Mr. Cornish and feared for her safety as a
result.
In investigating this complaint, the OPP Officers took a
statement from the complainant, in which she stated, among other
things, that Mr. Cornish had been communicating with her despite
multiple requests from her lawyer that he stop, that Mr. Cornish
had come to her workplace looking for her, had asked for her
schedule when she was not there, and had become upset when it was
not given to him. The complainant further
