Court of Appeal finds trial judge needed expert evidence to determine police negligence claim

The Ontario Court of Appeal has ruled a trial judge should have considered expert evidence in determining standard of care in a negligence claim against the police.
The court overturned a $1.6-million judgment against the Thunder Bay Police Services Board and officer Frank Barclay that had been awarded to Ricardo Mercuri and his business, Central Auto Parts.
Kirk Boggs said rejection of expert evidence raised the standard of care from reasonable and probable grounds to a requirement to prove guilt.Mercuri brought a negligence claim against the police after he and his business were the subject of a 1997 investigation into …
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