Date: Wed, 4 May 2005 14:47:39 -0400

From: Jason Neyers

Subject: Odhavji Case

Dear Colleagues:

I just had a chance to sit down and thoroughly read the SCC's decision in Odhavji and I was wondering if any of you had any thoughts about the case. Despite the fact that the decision was signed on by the whole court, its Cooper v. Hobarts' reasoning seems contradictory to the reasoning in Cooper itself since the court never addresses the issue of whether the statutory duty owed by the Chief of police was owed to individuals or to the public at large.

I would also be interested in what other people thought about the court's analysis of misfeasance in public office, which on its face seemed rather compelling.

Cheers,

--
Jason Neyers
January Term Director
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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