Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
31227
Jason George Hill v. Hamilton-Wentworth Regional Police Services Board, 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) |
|---|---|---|
| 2007-10-19 | Appeal closed | |
| 2007-10-05 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-10-05 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-10-04 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for Ontario, Number C40652, dated September 26, 2005, heard on November 10, 2006, is dismissed with costs. The cross-appeal is dismissed, Bastarache, Charron and Rothstein JJ. dissenting. Dismissed, with costs |
|
| 2007-04-19 | Correspondence (sent by the Court) to, Professor Knoll in response to his letter dated March 21/07 | |
| 2007-03-28 | Correspondence received from, Sean Dewart dated March 28/07 re: Professor Knoll's letter | Jason George Hill |
| 2006-12-27 | Correspondence received from, David G. Boghosian dated Dec. 27/06 re: has no objection to the case of Van Colle being referred to the Court (sent to the Court on Jan. 8/07) | Hamilton-Wentworth Regional Police Services Board |
| 2006-12-21 | General proceeding, 10 copies of the decision of the English Queen's Bench Division in Van Colle v. Chief Constable of Hertfordshire Police (sent to the Court on Jan. 8/07) | Jason George Hill |
| 2006-12-15 | Correspondence received from, Sean Dewart dated Dec. 15/06 referring the Court to a decision of the English Queen's Bench Division in Van Colle v. Chief Constable of Hertfordshire Police (sent to the Court on Jan. 8/07) | Jason George Hill |
| 2006-11-24 | Transcript received, (128 pages) | |
| 2006-11-10 | Judgment reserved OR rendered with reasons to follow | |
| 2006-11-10 | Acknowledgement and consent for video taping of proceedings | |
| 2006-11-10 |
Hearing of the appeal, 2006-11-10, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-11-10 | Respondent's condensed book, 14 copies - distributed in Court | Hamilton-Wentworth Regional Police Services Board |
| 2006-11-10 | Supplemental document, 10 copies of document called: Inquiry regarding Thomas Sophonow - distributed in Court., Completed on: 2006-11-10 | The Association in Defence of the Wrongly Convicted |
| 2006-11-10 | Appellant's condensed book, 13 copies - distributed in Court | Jason George Hill |
| 2006-11-09 | Correspondence received from, Jeff Beedell, dated Nov 9/06 - Respondent's/Appellants on Cross-Appeal will be filing judgments at the hearing tomorrow. | Hamilton-Wentworth Regional Police Services Board |
| 2006-11-08 | Appellant's book of authorities, SUPPLEMENTAL, Completed on: 2006-11-08 | Jason George Hill |
| 2006-11-02 | Supplemental document, Supplemental Authorities of the Appellant/Respondent on cross-appeal, Completed on: 2006-11-02 | Jason George Hill |
| 2006-11-02 | Supplemental factum, Appellant/Respondent on cross-appeal, Completed on: 2006-11-02 | Jason George Hill |
| 2006-11-02 | Notice of appearance, M. Michele Smith and Heather MacKay will be appearing. | Attorney General of Ontario |
| 2006-11-01 | Notice of appearance, Mark Sandler and Joseph Di Luca will be appearing. | Criminal Lawyers' Association (Ontario) |
| 2006-10-31 | Notice of appearance, David Boghosian and Courtney Raphael will be present at the hearing. | Hamilton-Wentworth Regional Police Services Board |
| 2006-10-30 | Notice of appearance, Louis Sokolov, Sean Dewart and Charlene Wiseman will be appearing. | Jason George Hill |
| 2006-10-30 | Notice of appearance, Anne M. Turley will be appearing. | Attorney General of Canada |
| 2006-10-26 | Notice of appearance, Ian Roland and Emily Lawrence will be present at the hearing. | Canadian Police Association and Police Association of Ontario |
| 2006-10-26 | Notice of appearance, Brad E. Berg and Allison A. Thornton will be present at the hearing. | Canadian Civil Liberties Association |
| 2006-10-26 | Notice of appearance, Julian N. Falconer and Sunil Mathai will be present at the hearing. | The Association in Defence of the Wrongly Convicted |
| 2006-10-26 | Notice of appearance, Leona Tesar and Gregory R. Preston will be present at the hearing. | Canadian Association of Chiefs of Police |
| 2006-10-23 |
Order by, Ro, FURTHER TO THE ORDER of Rothstein J. dated September 27 and October 11, 2006, granting leave to intervene to the Aboriginal Legal Services of Toronto Inc., the Association in Defence of the Wrongly Convicted, the Canadian Association of Chiefs of Police, the Attorney General of Canada, the Criminal Lawyer's Association (Ontario), the Canadian Civil Liberties Association, the Attorney General of Ontario and the Canadian Police Association and the Police Association of Ontario; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Allowed in part |
|
| 2006-10-23 | Order on miscellaneous motion | |
| 2006-10-23 |
Decision on miscellaneous motion, Ro, UPON APPLICATION by the Respondents/Appellants on cross-appeal for an Order permitting the Respondents/Appellants on cross-appeal to file a supplementary factum and supplementary book of authorities. THIS COURT ORDERS that the Respondents/Appellants on cross-appeal shall be permitted to serve and file a supplementary 5 page factum and supplementary book of authorities dealing with the issue of the application of the limitation period in section 7 of the Public Authorities Protection Act to the circumstances of the matter before this Court. THIS COURT ORDERS that the Appellant/respondent on cross-appeal shall be permitted to serve and file a supplementary 5 page factum and relevant supplementary book of authority. Granted |
|
| 2006-10-23 | Submission of miscellaneous motion, Ro | |
| 2006-10-23 | Order on motion to file a lengthy factum | |
| 2006-10-23 |
Decision on motion to file a lengthy factum, of the Respondents/appellants on cross-appeal of 55 pages in length on the appeal and 5 pages in length on the cross-appeal., Ro Granted |
|
| 2006-10-23 | Submission of motion to file a lengthy factum, Ro | |
| 2006-10-20 | Intervener's book of authorities, (5 copies to follow - Rec'd on October 25, 2006), Completed on: 2006-10-25 | Criminal Lawyers' Association (Ontario) |
| 2006-10-20 | Intervener's factum, (CD rec'd Oct. 24/06) CR returned Oct. 26, 2006, Completed on: 2006-11-14 | Criminal Lawyers' Association (Ontario) |
| 2006-10-20 | Intervener's book of authorities, (Vol. I and II), Completed on: 2006-10-20 | The Association in Defence of the Wrongly Convicted |
| 2006-10-20 | Intervener's factum, (CD rec'd Oct. 23/06), Completed on: 2006-10-24 | The Association in Defence of the Wrongly Convicted |
| 2006-10-20 | Intervener's book of authorities, Completed on: 2006-10-20 | Canadian Police Association and Police Association of Ontario |
| 2006-10-20 | Intervener's factum, (CD rec'd Oct. 23/06), Completed on: 2006-10-24 | Canadian Police Association and Police Association of Ontario |
| 2006-10-20 | Intervener's book of authorities, Completed on: 2006-10-20 | Aboriginal Legal Services of Toronto Inc. |
| 2006-10-20 | Intervener's factum, Completed on: 2006-10-20 | Aboriginal Legal Services of Toronto Inc. |
| 2006-10-20 | Intervener's book of authorities, Completed on: 2006-10-20 | Attorney General of Canada |
| 2006-10-20 | Intervener's factum, Completed on: 2006-10-20 | Attorney General of Canada |
| 2006-10-20 | Intervener's book of authorities, Completed on: 2006-10-20 | Attorney General of Ontario |
| 2006-10-20 | Intervener's factum, New CD rec'd Nov. 2/06, Completed on: 2006-11-03 | Attorney General of Ontario |
| 2006-10-20 | Intervener's book of authorities, Completed on: 2006-10-20 | Canadian Civil Liberties Association |
| 2006-10-20 | Intervener's factum, Completed on: 2006-10-20 | Canadian Civil Liberties Association |
| 2006-10-19 | Intervener's factum, Authorities included, Completed on: 2006-10-19 | Canadian Association of Chiefs of Police |
| 2006-10-17 | Correspondence received from, (by fax) M. Flaherty, dated Oct. 17/07; replying to J. Beedell's letter of Oct. 13/06 | Jason George Hill |
| 2006-10-13 | Correspondence received from, (by fax) J. Beedell, dated Oct. 13/06; re: replying to Mr. Sokolov's letter of Oct. 12/06 | Hamilton-Wentworth Regional Police Services Board |
| 2006-10-12 | Respondent's book of authorities - cross appeal, 14 copies - authorities on cross-appeal., Completed on: 2006-10-12 | Jason George Hill |
| 2006-10-12 | Respondent's record - cross appeal, 13 copies - Record of the appellant (respondent on cross-appeal) Jason George Hill re; Cross-appeal - filed with beige covers - to accept as is as per N.L. | Jason George Hill |
| 2006-10-12 | Respondent's factum - cross appeal, Responding factum of the appellant (respondent on cross-appeal) of Jason George Hill- filed with green covers - will accept as is as per N.L. - (new CD rec'd Nov. 2006), Completed on: 2006-11-03 | Jason George Hill |
| 2006-10-12 | Response to miscellaneous motion, (Letter Form), (L. Sokolov), Completed on: 2006-10-12 | Jason George Hill |
| 2006-10-11 | Order on motion for leave to intervene, (BY ROTHSTEIN, J.) | |
| 2006-10-11 |
Decision on the motion for leave to intervene, Ro, The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicants, the Canadian Police Association and the Police Association of Ontario, is granted and the applicants shall be entitled to serve and file a single factum not to exceed 10 pages in length on or before October 20, 2006. 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. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention. Allowed in part |
|
| 2006-10-10 | Submission of motion for leave to intervene, Ro | |
| 2006-10-06 | Supplemental document, Supplemental authorities of the respondent/appellant on cross-appeal, Completed on: 2006-10-06 | Hamilton-Wentworth Regional Police Services Board |
| 2006-10-06 | Supplemental factum, of the respondent/appellant on cross-appeal (CD rec'd Oct. 11/06), Completed on: 2006-10-23 | Hamilton-Wentworth Regional Police Services Board |
| 2006-10-06 | Response to the motion for leave to intervene, (Letter Form), from L. Sokolov dated October 6, 2006 (fax copy) re: intervention by CPA and OPA, Completed on: 2006-10-06 | Jason George Hill |
| 2006-10-06 | Notice of miscellaneous motion, to file a supplemental factum on cross-appeal (3 copies - book form), Completed on: 2006-10-16 | Hamilton-Wentworth Regional Police Services Board |
| 2006-10-06 | Response to the motion for leave to intervene, (Letter Form), from D. Boghosian dated September 27, 2006 re: intervention by Can. Association of Police et al, Completed on: 2006-10-06 | Hamilton-Wentworth Regional Police Services Board |
| 2006-09-28 | Book of authorities - cross appeal, joint with Respondent's authorities, Completed on: 2006-09-28 | Hamilton-Wentworth Regional Police Services Board |
| 2006-09-28 | Appellant's factum - cross appeal, included in respondent's factum, Completed on: 2006-09-28 | Hamilton-Wentworth Regional Police Services Board |
| 2006-09-28 | Motion to file a lengthy factum, of the respondents of 55 pages, Completed on: 2006-10-06 | Hamilton-Wentworth Regional Police Services Board |
| 2006-09-28 | Book of authorities, Completed on: 2006-09-28 | Hamilton-Wentworth Regional Police Services Board |
| 2006-09-28 | Respondent's record, Completed on: 2006-09-29 | Hamilton-Wentworth Regional Police Services Board |
| 2006-09-28 | Respondent's factum, Completed on: 2006-09-28 | Hamilton-Wentworth Regional Police Services Board |
| 2006-09-27 | Order on motion for leave to intervene, (BY ROTHSTEIN, J.) | |
| 2006-09-27 |
Decision on the motion for leave to intervene, Ro, The motion for leave to intervene of the applicant, the Aboriginal Legal Services of Toronto Inc., is granted and the applicant shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 20, 2006. The motion for leave to intervene of the applicant, the Association in Defence of the Wrongly Convicted, is granted and the applicant shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 20, 2006. The motion for leave to intervene of the applicant, the Canadian Association of Chiefs of Police, is granted and the applicant shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 20, 2006. The motion for leave to intervene of the applicant, the Attorney General of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 20, 2006. The motion for leave to intervene of the applicant, the Criminal Lawyers' Association (Ontario), is granted and the applicant shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 20, 2006. The motion for leave to intervene of the applicant, the Canadian Civil Liberties Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 20, 2006. The motion for leave to intervene of the applicant, the Attorney General of Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 20, 2006. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention. Allowed in part |
|
| 2006-09-27 | Submission of motion for leave to intervene, Ro | |
| 2006-09-27 | Appeal perfected for hearing | |
| 2006-09-26 | Correspondence received from, Anne M. Turley dated Sept. 26/06 re: intervention in both appeal and cross-appeal | Attorney General of Canada |
| 2006-09-22 | Motion for leave to intervene, (joint with an extension of time)(bookform), Completed on: 2006-09-22 | Canadian Police Association and Police Association of Ontario |
| 2006-09-14 | Response to the motion for leave to intervene, (Letter Form), from David G. Boghosian dated Sept. 13/06 (by A.G. Canada and Ontario and Can. Ass. of Chiefs of Police), Completed on: 2006-09-14 | Hamilton-Wentworth Regional Police Services Board |
| 2006-09-05 | Response to the motion for leave to intervene, (Letter Form), of the AGCan, AGOn and Canadian Association of Chiefs of Police. (cc. to al parties), Completed on: 2006-09-05 | Jason George Hill |
| 2006-08-31 | Response to the motion for leave to intervene, (to Can. Civil Lib.)(included in motion), Completed on: 2006-08-31 | Jason George Hill |
| 2006-08-31 | Motion for leave to intervene, (bookform), Completed on: 2006-08-31 | Canadian Civil Liberties Association |
| 2006-08-30 | Response to the motion for leave to intervene, (to Crim. Lawyers' Ass.), Completed on: 2006-08-30 | Jason George Hill |
| 2006-08-30 | Motion for leave to intervene, Completed on: 2006-08-30 | Criminal Lawyers' Association (Ontario) |
| 2006-08-30 | Motion for leave to intervene, (bookform), Completed on: 2006-08-30 | Attorney General of Ontario |
| 2006-08-29 | Motion for leave to intervene, Completed on: 2006-08-30 | Canadian Association of Chiefs of Police |
| 2006-08-29 | Motion for leave to intervene, (bookform)(see letter filed Sept. 26/06), Completed on: 2006-08-29 | Attorney General of Canada |
| 2006-08-23 | Notice of hearing sent to parties | |
| 2006-08-22 | Correspondence received from, Sack Goldblatt Mitchell dated Aug. 21/06 re: erratum in appellant's factum (sent to the Court on Aug. 25/06) | Jason George Hill |
| 2006-08-22 | Appellant's factum, (AMENDED), Completed on: 2006-08-22 | Jason George Hill |
| 2006-08-21 |
Appeal hearing scheduled, 2006-11-10, (previously Nov. 15/06) Judgment reserved |
|
| 2006-08-16 | Reply to the motion for leave to intervene, (Letter Form), from Julian N. Falconer dated Aug. 15/06, Completed on: 2006-08-16 | The Association in Defence of the Wrongly Convicted |
| 2006-08-16 | Response to the motion for leave to intervene, (Letter Form), from Louis Sokolov dated Aug. 14/06, Completed on: 2006-08-16 | Jason George Hill |
| 2006-08-14 | Reply to the motion for leave to intervene, Completed on: 2006-08-14 | Aboriginal Legal Services of Toronto Inc. |
| 2006-08-10 | Response to the motion for leave to intervene, (Letter Form), from David G. Boghosian dated Aug. 9/06 (by both interveners), Completed on: 2006-08-10 | Hamilton-Wentworth Regional Police Services Board |
| 2006-08-02 | Appellant's factum, (SEE AMENDED FACTUM FILED AUG. 22/06), Completed on: 2006-08-02 | Jason George Hill |
| 2006-08-02 | Appellant's record, (Vol. I to VIII), Completed on: 2006-08-02 | Jason George Hill |
| 2006-08-02 | Appellant's book of authorities, (Vol. I and II), Completed on: 2006-08-02 | Jason George Hill |
| 2006-07-26 | Motion for leave to intervene, (book form), Completed on: 2006-07-26 | The Association in Defence of the Wrongly Convicted |
| 2006-07-21 | Response to the motion for leave to intervene, (Letter Form), from Louis Sokolov dated July 18/06 (included in motion book), Completed on: 2006-07-21 | Jason George Hill |
| 2006-07-21 | Motion for leave to intervene, (bookform), Completed on: 2006-07-21 | Aboriginal Legal Services of Toronto Inc. |
| 2006-05-12 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-05-10 | Notice of appeal, Completed on: 2006-05-18 | Jason George Hill |
| 2006-04-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-04-28 | Judgment on leave sent to the parties | |
| 2006-04-27 |
Judgment of the Court on the application for leave to cross-appeal, The applications for leave to appeal and for leave to cross-appeal from the judgment of the Court of Appeal for Ontario, Number C40652, dated September 26, 2005, are granted with costs in any event of the cause. Granted, with costs |
|
| 2006-04-27 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal and for leave to cross-appeal from the judgment of the Court of Appeal for Ontario, Number C40652, dated September 26, 2005, are granted with costs in any event of the cause. Granted, with costs |
|
| 2006-03-06 | All materials on application for leave submitted to the Judges, CJ Bi Cha | |
| 2006-03-06 | All material on the application for leave to cross-appeal submitted to the Judges, CJ Bi Cha | |
| 2006-02-15 | Order on motion to extend time, (BY LEBEL J.) | |
| 2006-02-15 |
Decision on motion to extend time, LeB, UPON APPLICATION by the Attorney General of Ontario for an order extending the time to serve and file materials in support of a motion for leave to intervene in the above mentioned application for leave to appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed without prejudice to the applicant's right to apply for leave to intervene in the appeal, in the usual manner, if the Court grants the application for leave to appeal. Dismissed |
|
| 2006-02-15 | Submission of motion to extend time, LeB | |
| 2006-02-13 | Response to motion to extend time, (Letter Form), from Michelle Flaherty dated Feb. 13/06 re: wiil not file any materials in response, Completed on: 2006-02-13 | Jason George Hill |
| 2006-02-10 | Response to motion to extend time, (Letter Form), David G. Boghosian dated Feb. 10/06, Completed on: 2006-02-10 | Hamilton-Wentworth Regional Police Services Board |
| 2006-02-09 | Book of authorities, Supplementary Book of Authorities | Jason George Hill |
| 2006-02-09 | Applicant's reply to respondent's argument, Completed on: 2006-02-09 | Jason George Hill |
| 2006-01-31 | Book of authorities, (on cross-appeal) | Hamilton-Wentworth Regional Police Services Board |
| 2006-01-31 | Book of authorities, (response to leave application) | Hamilton-Wentworth Regional Police Services Board |
| 2006-01-31 | Application for leave to cross-appeal, (joint with respondents' response), Completed on: 2006-01-31 | Hamilton-Wentworth Regional Police Services Board |
| 2006-01-31 | Respondent's response on the application for leave to appeal, (joint with conditional appl. for leave to cross-appeal)(see order of Dec. 21/05), Completed on: 2006-01-31 | Hamilton-Wentworth Regional Police Services Board |
| 2006-01-27 | Motion to extend time, to serve and file materials in support of motion for intervention to Feb. 24/06, Completed on: 2006-01-27 | Attorney General of Ontario |
| 2005-12-21 | Order on motion to extend time | |
| 2005-12-21 |
Decision on motion to extend time, to serve and file the respondents' response and their notice of conditional application for leave to cross-appeal to Jan. 31/06, Reg Granted |
|
| 2005-12-21 | Submission of motion to extend time, Reg | |
| 2005-12-12 | Response to motion to extend time, included at Tab 2A of the motion book, Completed on: 2005-12-12 | Hamilton-Wentworth Regional Police Services Board |
| 2005-12-12 | Motion to extend time, to serve and file the response and notice of conditional application for leave to cross-appeal to Jan. 31/06 (3 copies - bookform), Completed on: 2005-12-12 | Hamilton-Wentworth Regional Police Services Board |
| 2005-11-30 | Correspondence received from, Michelle Flaherty (amended page 2 of the Notice of Application) | Jason George Hill |
| 2005-11-30 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-11-25 | Book of authorities | Jason George Hill |
| 2005-11-25 | Application for leave to appeal, (Signed copy of T/C Reasons and endorsement - rec'd. Dec. 20/05), Completed on: 2005-12-20 | Jason George Hill |
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 |
|---|---|---|
| Hill, Jason George | Appellant / Respondent on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hamilton-Wentworth Regional Police Services Board | Respondent / Appellant on cross-appeal | Active |
| Jack Loft, Andrea McLaughlin, Joseph Stewart, Ian Matthews and Terry Hill | Respondent / Appellant on cross-appeal | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Aboriginal Legal Services of Toronto Inc. | Intervener | Active |
| The Association in Defence of the Wrongly Convicted | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Canadian Association of Chiefs of Police | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Canadian Police Association and Police Association of Ontario | Intervener | Active |
Counsel
Party: Hill, Jason George
Counsel
Names
Sean Dewart
Louis Sokolov
Louis Sokolov
Contact information
Sack Goldblatt Mitchell LLP
Suite 1130
20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6970
FAX: (416) 591-7333
Email: seandewart@sgmlaw.com
Suite 1130
20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6970
FAX: (416) 591-7333
Email: seandewart@sgmlaw.com
Agent
Name
Fiona Campbell
Contact information
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327 Ext: 2451
FAX: (613) 235-3041
Email: fionacampbell@sgmlaw.com
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327 Ext: 2451
FAX: (613) 235-3041
Email: fionacampbell@sgmlaw.com
Party: Hamilton-Wentworth Regional Police Services Board
Counsel
Names
David Boghosian
Courtney Raphael
Courtney Raphael
Contact information
Boghosian & Associates
110 Yonge Street, Suite 601
Toronto, Ontario
M5C 1T4
Telephone: (416) 367-5558
FAX: (416) 368-1010
110 Yonge Street, Suite 601
Toronto, Ontario
M5C 1T4
Telephone: (416) 367-5558
FAX: (416) 368-1010
Agent
Name
Jeffrey W. Beedell
Contact information
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Jack Loft, Andrea McLaughlin, Joseph Stewart, Ian Matthews and Terry Hill
Counsel
Names
David Boghosian
Courtney Raphael
Courtney Raphael
Contact information
Boghosian & Associates
110 Yonge Street, Suite 601
Toronto, Ontario
M5C 1T4
Telephone: (416) 367-5558
FAX: (416) 368-1010
110 Yonge Street, Suite 601
Toronto, Ontario
M5C 1T4
Telephone: (416) 367-5558
FAX: (416) 368-1010
Agent
Name
Jeffrey W. Beedell
Contact information
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Attorney General of Ontario
Counsel
Names
Michele Smith
Heather C. Mackay
Heather C. Mackay
Contact information
Attorney General of Ontario
Crown Law Office - Civil
720 Bay Street, 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4177
FAX: (416) 326-4181
Email: michele.smith@jus.gov.on.ca
Crown Law Office - Civil
720 Bay Street, 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4177
FAX: (416) 326-4181
Email: michele.smith@jus.gov.on.ca
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: Aboriginal Legal Services of Toronto Inc.
Counsel
Names
Kimberly R. Murray
Jonathan Rudin
Jonathan Rudin
Contact information
Aboriginal Legal Services of Toronto Inc.
415 Yonge Street
Suite 803
Toronto, Ontario
M5B 2E7
Telephone: (416) 408-4041 Ext: 225
FAX: (416) 408-4268
Email: murrayk@lao.on.ca
415 Yonge Street
Suite 803
Toronto, Ontario
M5B 2E7
Telephone: (416) 408-4041 Ext: 225
FAX: (416) 408-4268
Email: murrayk@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: The Association in Defence of the Wrongly Convicted
Counsel
Names
Julian N. Falconer
Elisabeth Widner
Sunil S. Mathai
Elisabeth Widner
Sunil S. Mathai
Contact information
Falconer Charney
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
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
Name
Anne Turley
Contact information
Attorney General of Canada
Department of Justice
234 Wellington Street, room 1148, East Tower
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2347
FAX: (613) 954-1920
Email: anne.turley@justice.gc.ca
Department of Justice
234 Wellington Street, room 1148, East Tower
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2347
FAX: (613) 954-1920
Email: anne.turley@justice.gc.ca
Agent
Name
Christopher M. Rupar
Contact information
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Canadian Association of Chiefs of Police
Counsel
Names
Greg Preston
Leona K. Tesar
Leona K. Tesar
Contact information
Edmonton Police Service
Legal Advisors' Section
9620 - 103A Avenue
Edmonton, Alberta
T5H 0H7
Telephone: (780) 421-2633
FAX: (780) 421-2867
Email: greg.preston@edmontonpolice.ca
Legal Advisors' Section
9620 - 103A Avenue
Edmonton, Alberta
T5H 0H7
Telephone: (780) 421-2633
FAX: (780) 421-2867
Email: greg.preston@edmontonpolice.ca
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: Criminal Lawyers' Association (Ontario)
Counsel
Names
Mark J. Sandler
Joseph Di Luca
Joseph Di Luca
Contact information
Cooper, Sandler & West
1900 - 439 University Avenue
Toronto, Ontario
M5G 1Y8
Telephone: (416) 585-9191
FAX: (416) 408-2372
1900 - 439 University Avenue
Toronto, Ontario
M5G 1Y8
Telephone: (416) 585-9191
FAX: (416) 408-2372
Agent
Name
Heather Perkins-McVey
Contact information
Heather Perkins-McVey
200 Elgin Street, Suite 402
Ottawa, Ontario
K2P 1L5
Telephone: (613) 231-1004
FAX: (613) 231-4760
200 Elgin Street, Suite 402
Ottawa, Ontario
K2P 1L5
Telephone: (613) 231-1004
FAX: (613) 231-4760
Party: Canadian Civil Liberties Association
Counsel
Names
Bradley E. Berg
Allison A. Thornton
Allison A. Thornton
Contact information
Blake, Cassels & Graydon LLP
Box 25
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4316
FAX: (416) 863-2653
Email: brad.berg@blakes.com
Box 25
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4316
FAX: (416) 863-2653
Email: brad.berg@blakes.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: Canadian Police Association and Police Association of Ontario
Counsel
Names
Ian Roland
Emily Lawrence
Emily Lawrence
Contact information
Paliare, Roland, Rosenberg, Rothstein, LLP
Suite 501
250 University Ave.
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4319
FAX: (416) 646-4301
Suite 501
250 University Ave.
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4319
FAX: (416) 646-4301
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.
Torts - Negligence - Duty of Care - Whether police officers owe suspects in a criminal investigation a duty of care not to be negligent in the conduct of their criminal investigation - If a duty of care is owed, what is the standard of care owed to suspects? - Were the trial judge’s reasons for dismissing the claim for malicious prosecution sufficient to allow for meaningful appellate review? - Whether a duty of care is owed by police to accused persons in respect of the manner in which they investigate crime that should be recognized in Canadian law?
The Appellant was charged with ten counts of robbery following a police investigation into a series of robberies. The police failed to re-investigate the Appellant after becoming aware of exculpatory evidence. Witnesses were asked to identify the Appellant from a photo-lineup that included one photo of the accused, an aboriginal person, and eleven photos of Caucasians. Nine charges were withdrawn and one charge went to trial. The Appellant was convicted but successfully appealed from his conviction. He was acquitted after a second trial. The Appellant sued the Respondents claiming malicious prosecution, negligent investigation and breaches of his Charter rights. His claim in tort was dismissed. On appeal, the appeal was dismissed.
Lower court rulings
August 27, 2003
Ontario Superior Court of Justice
00-CV-192419
Ontario Superior Court of Justice
00-CV-192419
Applicant's claim in tort for malicious prosecution, negligent investigation and breach of Charter rights dismissed
September 26, 2005
Court of Appeal for Ontario
C40652
Court of Appeal for Ontario
C40652
Appeal dismissed
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