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An established Toronto defence lawyer who was wounded by a gunman under police surveillance was “disappointed but not surprised” when his lawsuit against police was tossed out last week.

Randall Barrs, 69, launched a civil lawsuit against the Halton Regional Police Service and several officers who were conducting surveillance on career criminal Grayson Delong, now 54, when he opened fire on Barrs outside his Bedford Rd. office on Sept. 20, 2016.

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Barrs alleged the police owed him and all members of the public a duty of care and should have arrested Delong — who donned a wig, construction work uniform and carried a backpack — for several offences before he shot Barrs in broad daylight.

Barrs said Delong, who was on bail for a break-and-enter and was the prime suspect in a Brick store break-and-enter, was under surveillance after a court appearance in Brampton on the day of the shooting.

Delong, who was driving a stolen Honda with hot licence plates that day, could have been busted earlier for several offences before he opened fire, said Barrs.