Case information
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31570
Julie Berg v. Police Complaint Commissioner Dirk Ryneveld, Q.C., et al.
(British Columbia) (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) |
|---|---|---|
| 2006-12-19 | Close file on Leave | |
| 2006-12-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-12-08 | Judgment on leave sent to the parties | |
| 2006-12-07 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA32676, 2006 BCCA 225, dated May 9, 2006, is dismissed. Dismissed |
|
| 2006-12-07 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2006-10-30 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-10-30 | Submission of motion to extend time to file and/ or serve the leave application, Bi De Abe | |
| 2006-10-25 | Correspondence received from, A. Cameron Ward, dated Oct 25/06 - re: costs on leave application. | Julie Berg |
| 2006-09-21 | Applicant's reply to respondent's argument, Missing 1 service - rec'd Sept. 26/06, Completed on: 2006-09-26 | Julie Berg |
| 2006-09-12 | Respondent's response on the application for leave to appeal, Completed on: 2006-09-12 | David Bruce-Thomas |
| 2006-09-08 | Respondent's response on the application for leave to appeal, Completed on: 2006-09-08 | Police Complaint Commissioner Dirk Ryneveld, Q.C. |
| 2006-08-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-08-14 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the Application, Completed on: 2006-08-14 | Julie Berg |
| 2006-08-14 | Application for leave to appeal, Original final C/A order rec'd on Sept. 8, 2006., Completed on: 2006-08-14 | Julie Berg |
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 |
|---|---|---|
| Berg, Julie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Police Complaint Commissioner Dirk Ryneveld, Q.C. | Respondent | Active |
| Bruce-Thomas, David | Respondent | Active |
Counsel
Party: Berg, Julie
Counsel
1205 - 207 West Hastings Street
The Dominion Building
Vancouver, British Columbia
V6B 1H7
Telephone: (604) 688-6881
FAX: (604) 688-6871
Email: cward@cameronward.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Police Complaint Commissioner Dirk Ryneveld, Q.C.
Counsel
Victoria, British Columbia
V8P 4G8
Telephone: (250) 384-3995
FAX: (250) 384-4924
Email: favf@islandnet.com
Agent
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: Bruce-Thomas, David
Counsel
1190 - 840 Howe Street
Box 10
Vancouver, British Columbia
V6Z 2L2
Telephone: (604) 687-6278
FAX: (604) 687-6298
Email: vlang@smartwilliams.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.
Administrative law - Natural justice - Procedural fairness - Complainant's rights to participate in public hearing - Legislation - Interpretation - Adjudicator conducting public hearing under Police Act, R.S.B.C. 1996, c. 367, into allegation that police officer had used excessive force - Complainant appealing adjudicator's decision that officer did not commit alleged disciplinary default - Whether Court of Appeal erred in finding that principles of natural justice and procedural fairness were not violated by manner in which hearing was conducted.
The Applicant's brother died as a result of injuries sustained while being detained by the Respondent police officer. The Applicant filed a complaint under the Police Act alleging that the officer had used excessive force. The Police Complaint Commissioner appointed an adjudicator to conduct a public hearing into the officer's conduct. The adjudicator held that it had not been proven that the officer had used unnecessary force. The Applicant appealed that decision, alleging that she had been denied statutory and common law rights to participate in the evidentiary phase of the hearing, that the hearing was unfair, and that the adjudicator's decision was wrong and should be set aside
Lower court rulings
Office of the Police Complaint Commissioner
PH2003-01
Respondent David Bruce-Thomas found not guilty of disciplinary default of abuse of authority by using unnecessary force
Court of Appeal for British Columbia (Vancouver)
CA32676, 2006 BCCA 225
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