Negligent investigation claims may succeed

Sometimes appeal book endorsements have useful nuggets. Thus, yesterday's decision in Mohammed v. Goodship, 2009 ONCA 320 states:

The motion judge erred in law in holding that the claim of negligent investigation could not possibly succeed.  In our view, the viability of that cause of action is an open question in this province:  see Correia v. Canac Kitchens (2008), 91 O.R. (3d) 353 at para. 66.  It cannot be said on the present state of the law that the claim of negligent inspection is bound as a matter of law to fail.
James Morton
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