Case information
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28425
The Estate of Manish Odhavji, Deceased, et al. v. Detective Martin Woodhouse, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2004-02-05 | Record returned to the Registrar of the Court of Appeal | |
| 2003-12-12 | Appeal closed | |
| 2003-12-11 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-12-05 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeals and cross-appeal from the judgment of the Court of Appeal for Ontario, Numbers C31438, C32935 and C32939, dated December 15, 2000, were heard on February 17, 2003. The appeal against the Court of Appeal's decision to strike the actions for misfeasance in a public office is allowed. The judgment of the Court of Appeal is set aside, and an order will issue striking the phrase "or ought to have known" from the amended statement of claim. The cross-appeal against the Court of Appeal's decision to allow the action in negligence in respect of the SIU investigation against the Chief of Police to proceed is dismissed, as is the appeal against the Court of Appeal's decision to strike the actions in negligence in respect of the SIU investigation against the Metropolitan Toronto Police Services Board and the Province. Costs are awarded to the plaintiffs in this Court. Allowed |
|
| 2003-12-05 |
Judgment on the cross-appeal rendered, SEE JUDGMENT, CJ G Ia Ma Ba Bi Arb LeB De Dismissed |
|
| 2003-04-01 | Supplemental document, Review Report on the Special Investigations Unit Reforms prepared for the Attorney General of Ontario by the Honourable George W. Adams, Q.C. (February 26, 2003)(sent to the Court 04/01/03) | The Estate of Manish Odhavji, Deceased |
| 2003-03-04 | Transcript received, 87 pages | |
| 2003-02-17 | Judgment reserved OR rendered with reasons to follow | |
| 2003-02-17 |
Hearing of the appeal, 2003-02-17, (V023-024), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2003-02-17 | Respondent's condensed book, given in Court | Metropolitan Toronto Chief of Police David Boothby |
| 2003-02-17 | Appellant's condensed book, given in Court | The Estate of Manish Odhavji, Deceased |
| 2003-02-17 | Acknowledgement and consent for video taping of proceedings | |
| 2003-02-14 | Supplemental document, Book of Authorities Vol. V | The Estate of Manish Odhavji, Deceased |
| 2003-02-11 | Notice of appearance, (Letter Form), Robert W. Traves will attend, but will not make submissions. | Detective Martin Woodhouse |
| 2003-02-11 | Supplemental document, Report entitled: Alternatives to the Use of Lethal Force by Police | Mental Health Legal Committee |
| 2003-02-10 | Correspondence received from, J.P. Zarudny dated Feb. 10/03 re: typographical error in par. 33 of page 13 of the factum (sent to the judges Feb. 11/03) | Her Majesty the Queen in Right of Ontario |
| 2003-02-06 | Notice of appearance, (Letter Form), Mrs. Susan E. Frater | Mental Health Legal Committee |
| 2003-02-06 | Notice of appearance, (Letter Form), Mr. Peter J. Pliszka and Mrs. Anne McConville | Urban Alliance on Race Relations |
| 2003-02-06 | Notice of appearance, (Letter Form), Mr. Julian N. Falconer and Mr. Richard Macklin | The Estate of Manish Odhavji, Deceased |
| 2003-02-03 | Notice of appearance, (Letter Form), Ms. Kristine DiBacco and Mr. John Laskin | Canadian Civil Liberties Association |
| 2003-01-30 | Notice of appearance, (Letter Form), David Sgayias, Q.C. and Anne Turley | Attorney General of Canada |
| 2003-01-30 | Response to motion for directions, (Letter Form), from C. Christie dated Jan. 30/03 (by fax) re: will not respond to motion, Completed on: 2003-01-30 | Detective Martin Woodhouse |
| 2003-01-28 | Notice of appearance, (Letter Form), Mr. Kevin McGivney and Mrs. Cheryl Woodin | Detective Martin Woodhouse |
| 2003-01-27 | Response to motion for directions, (Letter Form), from Burke-Robertson (via e-mail) re: takes no position, Completed on: 2003-01-27 | Attorney General of British Columbia |
| 2003-01-24 | Response to motion for directions, (Letter Form), from J. Falconer dated Jan. 23, 2003 (fax copy), Completed on: 2003-01-24 | The Estate of Manish Odhavji, Deceased |
| 2003-01-23 | Supplemental document, (Bilingual Legislation) | Detective Martin Woodhouse |
| 2003-01-23 | Respondent's book of authorities, (Supplementary), Completed on: 2003-01-23 | Detective Martin Woodhouse |
| 2003-01-23 | Correspondence received from, M. Chen dated Jan. 20/03 re: will be attending on the day of the hearing | African Canadian Legal Clinic |
| 2003-01-15 | Book of authorities, 10 copies re: motion for directions/requête pour directives, Completed on: 2003-01-15 | Urban Alliance on Race Relations |
| 2003-01-15 | Supplemental document, (argument/soumissions) re: motion for directions/requête pour directives - book form/format livre | Urban Alliance on Race Relations |
| 2003-01-15 | Motion for directions, (authorizing to present oral submissions at the hearing of the appeal, reconsidering J. Major's order) - book form/à être autorisé à présenter une soumission orale à l'audition de l'appel, reconsidéré l'ordonnance du juge Major) - format livre - 10 copies, Completed on: 2003-01-15 | Urban Alliance on Race Relations |
| 2002-11-29 |
Appeal hearing scheduled, 2003-02-17 Judgment reserved |
|
| 2002-10-15 |
Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener A.G. - B.C. to September 16, 2002. Granted |
|
| 2002-10-15 | Submission of motion to extend time, Reg | |
| 2002-10-10 |
Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the respondents on cross-appeal to September 6, 2002. Granted |
|
| 2002-10-10 | Submission of motion to extend time, Reg | |
| 2002-10-04 | Motion to extend time, to serve and file the factum to July 24/02 and book of authorities to Sept. 16/02, Completed on: 2002-10-04 | Attorney General of British Columbia |
| 2002-09-27 | Motion to extend time, to serve and file the factum and authorities of the respondents on cross-appeal (book form), Completed on: 2002-09-27 | The Estate of Manish Odhavji, Deceased |
| 2002-09-23 | Order on motion to adjourn the hearing of the appeal, (by the Chief Justice) | |
| 2002-09-23 |
Decision on motion to adjourn the hearing of the appeal, CJ, The motion on behalf of the respondents Martin Woodhouse and Philip Gerrits for an order adjouring the hearing of the appeal to the Winter Session. Granted |
|
| 2002-09-23 | Submission of motion to adjourn the hearing of the appeal, CJ | |
| 2002-09-20 | Response to the motion to adjourn the hearing of the appeal, from Gowlings (by fax), Completed on: 2002-09-20 | The Estate of Manish Odhavji, Deceased |
| 2002-09-17 | Response to the motion to adjourn the hearing of the appeal, Completed on: 2002-09-17 | Her Majesty the Queen in Right of Ontario |
| 2002-09-17 | Response to the motion to adjourn the hearing of the appeal, Completed on: 2002-09-17 | Metropolitan Toronto Chief of Police David Boothby |
| 2002-09-17 | Motion to adjourn the hearing of the appeal, Completed on: 2002-09-17 | Detective Martin Woodhouse |
| 2002-09-16 | Book of authorities, (14 copies - extension of time requested - filed Oct. 4/02), Completed on: 2002-10-04 | Attorney General of British Columbia |
| 2002-09-06 | Respondent's book of authorities - cross appeal, (extension and service requested), Incomplete | The Estate of Manish Odhavji, Deceased |
| 2002-09-06 | Respondent's factum - cross appeal, (extension and service requested) (extension filed Sept. 27/02), Incomplete | The Estate of Manish Odhavji, Deceased |
| 2002-08-20 | Notice of hearing | The Estate of Manish Odhavji, Deceased |
| 2002-08-15 | Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED TO A.G. - CANADA & A.G. - B.C. - MAJOR J.) | |
| 2002-08-12 | Book of authorities, (Vol. I to IV), Completed on: 2002-08-12 | Association in Defence of the Wrongfully Convicted |
| 2002-08-12 | Intervener's factum, Completed on: 2002-08-12 | Association in Defence of the Wrongfully Convicted |
| 2002-07-25 | Correspondence received from, J. Zarudny to M. Edwardh dated July 22, 2002 re: sending to her a copy of his factum | Her Majesty the Queen in Right of Ontario |
| 2002-07-24 | Intervener's factum, (extension of time requested - filed Oct. 4/02), Completed on: 2002-10-04 | Attorney General of British Columbia |
| 2002-07-22 | Order on motion to extend time | |
| 2002-07-22 |
Decision on motion to extend time, DeRg, to serve and file the factum and book of authorities of the intervener Urban Alliance on Race Relations to July 18, 2002, nunc pro tunc. Granted |
|
| 2002-07-22 | Order on motion to extend time | |
| 2002-07-22 |
Decision on motion to extend time, DeRg, to serve and file the factum and book of authorities of the intervener Mental Health Legal Committee to July 19, 2002, nunc pro tunc. Granted |
|
| 2002-07-22 | Submission of motion to extend time, DeRg | |
| 2002-07-19 | Book of authorities, vol. I & II, Completed on: 2002-07-19 | Mental Health Legal Committee |
| 2002-07-19 | Response to motion to extend time, re: intervention by Mental Health Legal Committee, Completed on: 2002-07-19 | Detective Martin Woodhouse |
| 2002-07-19 | Response to motion to extend time, re: intervention by Mental Health Legal Committee, Completed on: 2002-07-19 | The Estate of Manish Odhavji, Deceased |
| 2002-07-19 | Motion to extend time, to file the factum to July 19, 2002 - 2 copies, Completed on: 2002-07-19 | Mental Health Legal Committee |
| 2002-07-19 | Response to motion to extend time, re: intervention by Urban Alliance, Completed on: 2002-07-19 | Detective Martin Woodhouse |
| 2002-07-19 | Response to motion to extend time, re: intervention by Urban Alliance, Completed on: 2002-07-19 | The Estate of Manish Odhavji, Deceased |
| 2002-07-19 | Motion to extend time, to file the factum and authorities to July 18, 2002 - 2 copies, Completed on: 2002-07-19 | Urban Alliance on Race Relations |
| 2002-07-19 | Intervener's factum, Completed on: 2002-07-19 | Mental Health Legal Committee |
| 2002-07-18 | Book of authorities, Completed on: 2002-07-18 | Urban Alliance on Race Relations |
| 2002-07-18 | Intervener's factum, Completed on: 2002-07-18 | Urban Alliance on Race Relations |
| 2002-07-11 | Book of authorities, vol. 1 and 2, Completed on: 2002-07-11 | African Canadian Legal Clinic |
| 2002-07-11 | Intervener's factum, Completed on: 2002-07-11 | African Canadian Legal Clinic |
| 2002-07-11 | Intervener's factum, Completed on: 2002-07-11 | Canadian Civil Liberties Association |
| 2002-07-11 | Book of authorities, Completed on: 2002-07-11 | Canadian Civil Liberties Association |
| 2002-07-11 | Book of authorities, Completed on: 2002-07-11 | Attorney General of Canada |
| 2002-07-11 | Intervener's factum, Completed on: 2002-07-11 | Attorney General of Canada |
| 2002-07-09 | Order on motion for leave to intervene, (BY MAJOR J.) | |
| 2002-07-09 |
Decision on the motion for leave to intervene, Ma, The motion for an extension of time and for leave to intervene of the applicants THE ASSOCIATION IN DEFENCE OF THE WRONGFULLY CONVICTED and the INNOCENCE PROJECT OF OSGOODE HALL LAW SCHOOL is granted and the applicants shall be entitled to serve and file a joint factum not to exceed 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (ORAL ARGUMENT DENIED AUG. 15, 2002). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted |
|
| 2002-07-09 | Submission of motion for leave to intervene, Ma | |
| 2002-07-03 | Response to the motion for leave to intervene, (Letter Form), from J. Falconer dated June 27, 2002 (fax copy), Completed on: 2002-07-03 | The Estate of Manish Odhavji, Deceased |
| 2002-06-20 | Response to the motion for leave to intervene, (Letter Form), from A. Pachai dated June 20/02 (by fax - 1 copy), Completed on: 2002-06-20 | Metropolitan Toronto Chief of Police David Boothby |
| 2002-06-14 | Appellant's factum - cross appeal, (joint), Completed on: 2002-06-14 | Metropolitan Toronto Chief of Police David Boothby |
| 2002-06-14 | Respondent's book of authorities, vol. 1 and 2, Completed on: 2002-06-14 | Metropolitan Toronto Chief of Police David Boothby |
| 2002-06-14 | Respondent's factum, see order dated April 15, 2002 - joint with cross-appeal, Completed on: 2002-06-14 | Metropolitan Toronto Chief of Police David Boothby |
| 2002-06-14 | Respondent's book of authorities, (see order), Completed on: 2002-06-14 | Detective Martin Woodhouse |
| 2002-06-14 | Respondent's factum, (see order dated April 15, 2002), Completed on: 2002-06-14 | Detective Martin Woodhouse |
| 2002-06-14 | Motion for leave to intervene, (joint motion with extension of time) (Memorandum of Argument filed separately) book form, Completed on: 2002-06-14 | Association in Defence of the Wrongfully Convicted |
| 2002-06-13 | Respondent's book of authorities, (see order dated April 15, 2002) - vol. 1 and 2, Completed on: 2002-06-13 | Her Majesty the Queen in Right of Ontario |
| 2002-06-13 | Respondent's factum, (see order dated April 15, 2002), Completed on: 2002-06-13 | Her Majesty the Queen in Right of Ontario |
| 2002-04-30 | Appeal perfected for hearing, Session beginning on 2003-01-13, (previously inscribed for Fall 2002 - see order of Sept. 23) | |
| 2002-04-25 | Response to the motion for leave to intervene, (Letter Form), letter from Michael A. Chambers dated April 3/02 (sic), Completed on: 2002-04-25 | Metropolitan Toronto Chief of Police David Boothby |
| 2002-04-24 | Order on motion for leave to intervene, (BY MAJOR J.) | |
| 2002-04-24 |
Decision on the motion for leave to intervene, Ma, and extension of time by HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT GRANTED AUG. 15, 2002). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted |
|
| 2002-04-24 |
Decision on the motion for leave to intervene, Ma, and extension of time by the ATTORNEY GENERAL OF CANADA. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES GRANTED AUG. 15, 2002). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted |
|
| 2002-04-24 | Submission of motion for leave to intervene, by A.G. - Canada & A.G. - B.C., Ma | |
| 2002-04-18 | Order on miscellaneous motion | |
| 2002-04-18 | Response to the motion for leave to intervene, (Letter Form), from R. Macklin dated April 18, 2002 (fax copy), Completed on: 2002-04-18 | The Estate of Manish Odhavji, Deceased |
| 2002-04-17 | Response to the motion for leave to intervene, (Letter Form), from C. Christie dated April 17, 2002 (fax copy), Completed on: 2002-04-17 | Detective Martin Woodhouse |
| 2002-04-16 | Response to the motion for leave to intervene, (memorandum of argument - 2 copies) re: intervention by Her Majesty the Queen in Right of the Province of B.C., Completed on: 2002-04-16 | Urban Alliance on Race Relations |
| 2002-04-15 |
Decision on miscellaneous motion, for extensions of time for appellants' record, factum and books of authorities to March 27/02 and respondents' record, factum and books of authorities to June 17/02 / reduce number of copies of App.'s record to 14 and accept lower court decisions as filed, Reg Granted |
|
| 2002-04-12 | Submission of miscellaneous motion, Reg | |
| 2002-04-11 | Response to miscellaneous motion, (included in motion book), Completed on: 2002-04-11 | The Estate of Manish Odhavji, Deceased |
| 2002-04-11 | Notice of miscellaneous motion, for extensions of time for appellants' material to March 27/02 and respondents' material to June 17/02 / reduce number of copies of App.'s record to 14 and accept lower court decisions as filed (4 copies - book form), Completed on: 2002-04-11 | The Estate of Manish Odhavji, Deceased |
| 2002-04-10 | Motion for leave to intervene, (joint with extension of time) - book form, Completed on: 2002-04-10 | Attorney General of British Columbia |
| 2002-04-09 | Response to the motion for leave to intervene, re: intervention by A.G. Canada - book form, Completed on: 2002-04-09 | The Estate of Manish Odhavji, Deceased |
| 2002-04-05 | Response to the motion for leave to intervene, re: intervention by A.G. Canada, Completed on: 2002-04-05 | Urban Alliance on Race Relations |
| 2002-04-04 | Response to the motion for leave to intervene, (Letter Form), from M. Chambers dated April 3, 2002 re: intervention by A. G. Canada, Completed on: 2002-04-04 | Metropolitan Toronto Chief of Police David Boothby |
| 2002-04-03 | Response to the motion for leave to intervene, (Letter Form), from M. Chambers dated April 3, 2002 (fax copy) re: do not oppose to the intervention by A.G. Canada, Completed on: 2002-04-03 | Metropolitan Toronto Chief of Police David Boothby |
| 2002-03-28 | Response to the motion for leave to intervene, (Letter Form), from C. Christie dated March 28, 2002 (fax copy) re: intervention by A. G. Canada, Completed on: 2002-03-28 | Detective Martin Woodhouse |
| 2002-03-27 | Appellant's book of authorities, Vol. I & IV (extension of time requested), Completed on: 2002-04-11 | The Estate of Manish Odhavji, Deceased |
| 2002-03-27 | Motion for leave to intervene, (joint with extension of time) - book form, Completed on: 2002-03-27 | Attorney General of Canada |
| 2002-03-05 | Appellant's record, Vol. I & II (14 copies) (lower court reasons not acceptable) (motion to reduce number of copies and extension of time requested), Completed on: 2002-04-11 | The Estate of Manish Odhavji, Deceased |
| 2002-03-05 | Appellant's factum, (extension of time requested), Completed on: 2002-03-11 | The Estate of Manish Odhavji, Deceased |
| 2002-01-10 |
Decision on motion to extend time, Ma, (see decision on intervention) Granted |
|
| 2002-01-10 | Submission of motion to extend time, by the C.C.L.A., Ma | |
| 2002-01-10 | Order on motion for leave to intervene, (BY THE JUDGE) | |
| 2002-01-10 |
Decision on the motion for leave to intervene, Ma, by the URBAN ALLIANCE ON RACE RELATIONS. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (ORAL ARGUMENT DENIED AUG. 15, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted |
|
| 2002-01-10 |
Decision on the motion for leave to intervene, Ma, by the AFRICAN CANADIAN LEGAL CLINIC. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (ORAL ARGUMENT DENIED AUG. 15, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted |
|
| 2002-01-10 |
Decision on the motion for leave to intervene, Ma, and extension of time by the CANADIAN CIVIL LIBERTIES ASSOCIATION. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (ORAL ARGUMENT DENIED AUG. 15, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted |
|
| 2002-01-10 |
Decision on the motion for leave to intervene, Ma, by the MENTAL HEALTH LEGAL COMMITTEE. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (ORAL ARGUMENT DENIED AUG. 15, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted |
|
| 2002-01-10 | Submission of motion for leave to intervene, Ma | |
| 2001-12-18 | Response to the motion for leave to intervene, (joint response) - book form - 3 copies, Completed on: 2001-12-18 | The Estate of Manish Odhavji, Deceased |
| 2001-12-18 | Book of authorities, 5 copies (re: intervention), Completed on: 2001-12-18 | Urban Alliance on Race Relations |
| 2001-12-17 | Response to the motion for leave to intervene, (Letter Form), from C. Christie dated Dec. 17, 2001 (fax copy) re: intervention by Can. Civil Liberties, Completed on: 2001-12-17 | Detective Martin Woodhouse |
| 2001-12-14 | Response to the motion for leave to intervene, (Letter Form), from J. Zarudny dated Dec. 12, 2001 (fax copy) re: adopts the Respondents Woodhouse, et al position, Completed on: 2001-12-14 | Her Majesty the Queen in Right of Ontario |
| 2001-12-14 | Motion to extend time, to serve A. G. Ontario to Dec. 10, 2001 with the motion to intervene, Completed on: 2001-12-14 | Canadian Civil Liberties Association |
| 2001-12-14 | Reply to the motion for leave to intervene, book form, Completed on: 2001-12-14 | Urban Alliance on Race Relations |
| 2001-12-13 | Correspondence received from, E. Meehan dated Dec. 13, 2001 and addressed to Mr. Zarudny (fax copy) re: service of the motion to intervene | Canadian Civil Liberties Association |
| 2001-12-11 | Response to the motion for leave to intervene, book form, Completed on: 2001-12-11 | Metropolitan Toronto Chief of Police David Boothby |
| 2001-12-11 | Response to the motion for leave to intervene, book form, Completed on: 2001-12-11 | Detective Martin Woodhouse |
| 2001-12-11 | Response to the motion for leave to intervene, book form, Completed on: 2001-12-11 | Her Majesty the Queen in Right of Ontario |
| 2001-12-03 | Motion for leave to intervene, book form, Completed on: 2001-12-03 | Mental Health Legal Committee |
| 2001-12-03 | Motion for leave to intervene, book form, Completed on: 2001-12-03 | African Canadian Legal Clinic |
| 2001-12-03 | Motion for leave to intervene, book form, Completed on: 2001-12-03 | Urban Alliance on Race Relations |
| 2001-12-03 | Motion for leave to intervene, book form, Completed on: 2001-12-03 | Canadian Civil Liberties Association |
| 2001-10-18 | Appeal court record, 1 box | |
| 2001-10-10 | Notice of deposit for security | The Estate of Manish Odhavji, Deceased |
| 2001-10-05 | Notice of cross appeal, (proof of service received Oct. 26, 2001), Completed on: 2001-10-05 | Metropolitan Toronto Chief of Police David Boothby |
| 2001-10-05 | Order granting leave to appeal | |
| 2001-10-04 | Notice of appeal, Completed on: 2001-10-04 | The Estate of Manish Odhavji, Deceased |
| 2001-09-12 | Correspondence (sent by the Court) to, all parties re: tentative scheduling dates | |
| 2001-09-07 | Notice of deposit of judgment issued to all parties | |
| 2001-09-06 |
Judgment of the Court on the application for leave to cross-appeal, The application to cross-appeal is granted with costs to the respondents in any event of the cause. Granted, with costs |
|
| 2001-09-06 |
Judgment of the Court on the application for leave to appeal Granted, with costs to the applicant(s) in any event of the cause |
|
| 2001-09-06 |
Decision on motion to extend time to file and /or serve the leave application Granted, no order as to costs |
|
| 2001-06-25 | All materials on application for leave submitted to the Judges, G Ma Bi | |
| 2001-06-25 | All material on the application for leave to cross-appeal submitted to the Judges, G Ma Bi | |
| 2001-05-03 | Supplemental document, Supplementary Application Record Vol. II - enclosing C/A Order (6 copies - book form) | The Estate of Manish Odhavji, Deceased |
| 2001-04-12 | Memorandum of argument in response to the cross-appeal, (joint with Reply), Completed on: 2001-04-12 | The Estate of Manish Odhavji, Deceased |
| 2001-04-12 | Applicant's reply to respondent's argument, to Toronto Police and Chief Boothby (joint with Response to Cross-Appeal), Completed on: 2001-04-12 | The Estate of Manish Odhavji, Deceased |
| 2001-03-28 | Response to motion to extend time, (joint with Reply at Tab 2), Completed on: 2001-03-28 | Detective Martin Woodhouse |
| 2001-03-28 | Motion to extend time, to serve and file the Reply (joint with Reply at Tab 1 and Affidavit at Tab 3), Completed on: 2001-03-28 | The Estate of Manish Odhavji, Deceased |
| 2001-03-28 | Applicant's reply to respondent's argument, Completed on: 2001-03-28 | The Estate of Manish Odhavji, Deceased |
| 2001-03-27 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2001-03-13 | Respondent's response on the application for leave to appeal, Completed on: 2001-03-13 | Detective Martin Woodhouse |
| 2001-03-12 | Application for leave to cross-appeal, Completed on: 2001-03-12 | Metropolitan Toronto Chief of Police David Boothby |
| 2001-03-12 | Respondent's response on the application for leave to appeal, Completed on: 2001-03-12 | Metropolitan Toronto Chief of Police David Boothby |
| 2001-03-12 | Respondent's response on the application for leave to appeal, Completed on: 2001-03-12 | Her Majesty the Queen in Right of Ontario |
| 2001-02-13 | Application for leave to appeal, (service and CA order missing) (C/A Order filed May 3/01 - book form), Completed on: 2001-05-03 | The Estate of Manish Odhavji, Deceased |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| The Estate of Manish Odhavji, Deceased | Appellant | Active |
| Pramod Odhavji, Bharti Odhavji and Rahul Odhavji | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Detective Martin Woodhouse | Respondent | Active |
| Detective Constable Philip Gerrits | Respondent | Active |
| Officer John Doe, Officer Jane Doe | Respondent | Active |
| Metropolitan Toronto Chief of Police David Boothby | Respondent | Active |
| Metropolitan Toronto Police Services Board | Respondent | Active |
| Her Majesty the Queen in Right of Ontario | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Metropolitan Toronto Chief of Police David Boothby | Appellant on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Estate of Manish Odhavji, Deceased | Respondent on cross-appeal | Active |
| Pramod Odhavji, Bharti Odhavji and Rahul Odhavji | Respondent on cross-appeal | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Civil Liberties Association | Intervener | Active |
| Urban Alliance on Race Relations | Intervener | Active |
| African Canadian Legal Clinic | Intervener | Active |
| Mental Health Legal Committee | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Association in Defence of the Wrongfully Convicted | Intervener | Active |
| Innocence Project of Osgoode Hall Law School | Intervener | Active |
Counsel
Party: The Estate of Manish Odhavji, Deceased
Counsel
Names
Julian N. Falconer
Richard Macklin
Richard Macklin
Contact information
Falconer Charney Macklin
8 Prince Arthur Avenue
Toronto, Ontario
M5R 1A9
Telephone: (416) 964-3408
FAX: (416) 929-8179
8 Prince Arthur Avenue
Toronto, Ontario
M5R 1A9
Telephone: (416) 964-3408
FAX: (416) 929-8179
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Pramod Odhavji, Bharti Odhavji and Rahul Odhavji
Counsel
Names
Julian N. Falconer
Richard Macklin
Richard Macklin
Contact information
Falconer Charney Macklin
8 Prince Arthur Avenue
Toronto, Ontario
M5R 1A9
Telephone: (416) 964-3408
FAX: (416) 929-8179
8 Prince Arthur Avenue
Toronto, Ontario
M5R 1A9
Telephone: (416) 964-3408
FAX: (416) 929-8179
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Metropolitan Toronto Chief of Police David Boothby
Counsel
Name
Ansuya Pachai
Contact information
City of Toronto
55 John Street
Stn. 1260, 26th Floor, Metro Hall
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-9074
FAX: (416) 392-3848
Email: apachai@city.toronto.on.ca
55 John Street
Stn. 1260, 26th Floor, Metro Hall
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-9074
FAX: (416) 392-3848
Email: apachai@city.toronto.on.ca
Agent
Name
Michael A. Chambers
Contact information
Maclaren Corlett
303 - 99 Bank St.
Ottawa, Ontario
K1P 6B9
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: mchambers@macorlaw.com
303 - 99 Bank St.
Ottawa, Ontario
K1P 6B9
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: mchambers@macorlaw.com
Party: Detective Martin Woodhouse
Counsel
Names
Kevin McGivney
Cheryl Woodin
Noel Peacock
Cheryl Woodin
Noel Peacock
Contact information
Borden Ladner Gervais LLP
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6118 Ext: 6270
FAX: (416) 361-2471
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6118 Ext: 6270
FAX: (416) 361-2471
Agent
Name
Carole J. Brown
Contact information
Borden Ladner Gervais LLP
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com
Party: Detective Constable Philip Gerrits
Counsel
Names
Kevin McGivney
Cherryl Woodin
Robert W. Traves
Cherryl Woodin
Robert W. Traves
Contact information
Borden Ladner Gervais LLP
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6118 Ext: 6270
FAX: (416) 361-2471
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6118 Ext: 6270
FAX: (416) 361-2471
Agent
Name
Carole J. Brown
Contact information
Borden Ladner Gervais LLP
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com
Party: Officer John Doe, Officer Jane Doe
This party is not represented by counsel.
Party: Metropolitan Toronto Police Services Board
Counsel
Names
Ansuya Pachai
Kerri Kitchura
Kerri Kitchura
Contact information
City of Toronto
55 John Street
Stn. 1260, 26th Floor, Metro Hall
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-9074
FAX: (416) 392-3848
Email: apachai@city.toronto.on.ca
55 John Street
Stn. 1260, 26th Floor, Metro Hall
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-9074
FAX: (416) 392-3848
Email: apachai@city.toronto.on.ca
Agent
Name
Michael A. Chambers
Contact information
Maclaren Corlett
303 - 99 Bank St.
Ottawa, Ontario
K1P 6B9
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: mchambers@macorlaw.com
303 - 99 Bank St.
Ottawa, Ontario
K1P 6B9
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: mchambers@macorlaw.com
Party: Her Majesty the Queen in Right of Ontario
Counsel
Names
John P. Zarudny
Troy Harrison
James Kendik
Troy Harrison
James Kendik
Contact information
Attorney General of Ontario
20 Bay Street - 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4153
FAX: (416) 326-4181
20 Bay Street - 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4153
FAX: (416) 326-4181
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Civil Liberties Association
Counsel
Names
John B. Laskin
Kristine M. Di Bacco
Kristine M. Di Bacco
Contact information
Torys
3000 Maritime Life Tower, TD Centre
79 Wellington Street West
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7317
FAX: (416) 865-7380
Email: jlaskin@torys.com
3000 Maritime Life Tower, TD Centre
79 Wellington Street West
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7317
FAX: (416) 865-7380
Email: jlaskin@torys.com
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Urban Alliance on Race Relations
Counsel
Names
Peter J. Pliszka
Anne C. McConville
Anne C. McConville
Contact information
Fasken Martineau DuMoulin
Toronto-Dominion Bank Tower
Toronto-Dominion Centre, P. O. Box 20
Toronto, Ontario
M5K 1N6
Telephone: (416) 366-8381
FAX: (416) 364-7813
Toronto-Dominion Bank Tower
Toronto-Dominion Centre, P. O. Box 20
Toronto, Ontario
M5K 1N6
Telephone: (416) 366-8381
FAX: (416) 364-7813
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: African Canadian Legal Clinic
Counsel
Names
Sheena Scott
Marie Chen
Marie Chen
Contact information
African Canadian Legal Clinic
306-330 Bay Street
Toronto, Ontario
M5H 2S8
Telephone: (416) 214-4747
FAX: (416) 214-4748
Email: scotts@lao.on.ca
306-330 Bay Street
Toronto, Ontario
M5H 2S8
Telephone: (416) 214-4747
FAX: (416) 214-4748
Email: scotts@lao.on.ca
Agent
Name
Chantal Tie
Contact information
South Ottawa Community Legal Services
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
Party: Mental Health Legal Committee
Counsel
Name
Suzan E. Fraser
Contact information
Old Bailey by the Park
112 Adelaide Street East
Toronto, Ontario
M5C 1K9
Telephone: (416) 703-9555
FAX: (416) 703-5756
112 Adelaide Street East
Toronto, Ontario
M5C 1K9
Telephone: (416) 703-9555
FAX: (416) 703-5756
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Canada
Counsel
Names
Brian J. Saunders
Anne M. Turley
Anne M. Turley
Contact information
Attorney General of Canada
Department of Justice
1148 - 234 Wellington St.
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4865
FAX: (613) 954-1920
Email: brian.saunders@justice.gc.ca
Department of Justice
1148 - 234 Wellington St.
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4865
FAX: (613) 954-1920
Email: brian.saunders@justice.gc.ca
Agent
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
Party: Attorney General of British Columbia
Counsel
Names
D. Clifton Prowse
Karen Horsman
J. Gareth Morley
Karen Horsman
J. Gareth Morley
Contact information
Attorney General of British Columbia
1301 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-3093
FAX: (604) 660-3567
1301 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-3093
FAX: (604) 660-3567
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Association in Defence of the Wrongfully Convicted
Counsel
Names
Sean Dewart
Louis Sokolov
Louis Sokolov
Contact information
Sack Goldblatt Mitchell
Suite 1130
20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Email: seandewart@sgmlaw.com
Suite 1130
20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Email: seandewart@sgmlaw.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Innocence Project of Osgoode Hall Law School
Counsel
Names
Marlys A. Edwardh
Breese Davies
Breese Davies
Contact information
Ruby & Edwardh
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: edwardh@ruby-edwardh.com
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: edwardh@ruby-edwardh.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
December 30, 1998
Ontario Court of Justice (General Division)
573
Ontario Court of Justice (General Division)
573
Motions to strike out part of Appellants' Statement of Claim allowed in part
June 22, 1999
Ontario Superior Court of Justice
19/99, 438/99, 439/99
Ontario Superior Court of Justice
19/99, 438/99, 439/99
Respondents granted leave to appeal
December 15, 2000
Court of Appeal for Ontario
C31438, C32935, C32939
Court of Appeal for Ontario
C31438, C32935, C32939
Appellants' appeal dismissed; Cross-appeals of Boothby and Board dismissed; Cross-appeals of Woodhouse, Gerrits and Her Majesty the Queen in Right of Ontario allowed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available
Related links
Date modified: 2025-05-13