In Mohamud v. Law Enforcement Complaints Agency (Ont Divisional Ct, 2024) the Divisional Court dismissed a JR, here against the decision of "the Office of the Independent Police Review Director (OIPRD), which is now the Law Enforcement Complaints Agency (LECA)".
The court considered the test for police neglect of duty:
[45] The Director considered the correct legal test for assessing the offence of Neglect of Duty, as set out in Korchinski v. Office of the Independent Police Review Director, 2022 ONSC 6074 (Div. Ct.), at para 42. To establish Neglect of Duty the evidence must demonstrate the existence of three elements: (i) a duty existed; (ii) the officer failed to promptly and diligently discharge the relevant duty; and (iii) there is no lawful excuse, good or sufficient cause or adequate reason to excuse the failure to discharge the duty.
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