Smith v. Her Majesty the Queen in right of Ontario et al.Posted December 5, 2017
Lerners acts for the respondents, the Durham Regional Police Service (DRPS) defendants, in this action arising out of a murder investigation. In addition to the police, the plaintiff sued individual Crown Attorneys who allegedly gave advice to the police regarding the conduct of the investigation. The Crown Attorney’s motion to strike the plaintiff’s claim against them was granted, however, the court refused to strike the DRPS’ crossclaim based on alleged negligent legal advice and breach of retainer. The Crown Attorneys sought and obtained leave to appeal the motion decision to the Divisional Court. The Divisional Court allowed the appeal, but Lerners obtained leave to appeal to the Court of Appeal. The appeal is pending.