Date: Thu, 27 Apr 2006 13:42:01 -0300

From: Vaughan Black

Subject: SCC grants leave in 2 torts cases

Today the Supreme Court of Canada granted leave to appeal in two interesting torts cases. One was the decision of a 5-judge Ontario Court of Appeal in Hill v. Hamilton Wentworth Police (2005), 76 O.R. (3d) 481. There all members of the court agreed that the police could be sued for negligent investigation. The majority of 3 agreed with the trial judge that the police had lived up to their duty in this case, while the 2 dissenters thought they had not and that the plaintiff should succeed. The plaintiff/appellant is someone who was charged with a bank robbery and acquitted. He claimed that had the cops done their job he would never have been charged. I think this will be the first time the SCC addresses the issue of the duty (and standard) of care of police to conduct non-negligent criminal investigations.

The second leave was from the decision of the Alberta Court of Appeal in Hanke v. Resurfice Corp. and mainly raises issues of causation -- specifically the so-called material contribution test. It's about time the SCC made an effort to sort that one out. David Cheifetz and I have a comment on the Alta. C.A.'s decision in the current issue of the Canadian Business Law Journal (vol. 43, p. 155). I could email a copy of the comment to anyone who wants one.

Regards,
vb

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