Manish Odhavji was fatally shot by police officers. The Special Investigation Unit (“S.I.U.”) began an investigation. The police officers involved in the incident did not comply with S.I.U. requests that they remain segregated, that they attend interviews on the same day as the shooting, and that they provide shift notes, on-duty clothing, and blood samples in a timely manner. The Supreme Court found that the failure of a public officer to perform a statutory duty can constitute misfeasance in a public office. Misfeasance is not limited to unlawful exercises of statutory or prerogative powers. It is an intentional tort distinguished by (1) deliberate, unlawful conduct in the exercise of public functions; and (2) awareness that the conduct is unlawful and likely to injure the plaintiff. Julian Falconer and Julian Roy, of Falconers LLP, acted as co-counsel for the Odhavji family.
Supreme Court of Canada Judgment. December 5, 2003
Court of Appeal Judgment. December 15, 2000
Amended Statement of Claim. February 17, 1998