Case information
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31798
Garfield Peart, et al. v. Peel 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) |
|---|---|---|
| 2007-04-04 | Close file on Leave | |
| 2007-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-03-30 | Judgment on leave sent to the parties | |
| 2007-03-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C40334, dated November 8, 2006, is dismissed with costs. Dismissed, with costs |
|
| 2007-03-05 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2007-02-12 | Applicant's reply to respondent's argument, Completed on: 2007-02-12 | Garfield Peart |
| 2007-01-31 | Respondent's response on the application for leave to appeal, Completed on: 2007-01-31 | Peel Regional Police Services Board |
| 2007-01-12 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2007-01-05 | Court of Appeal casebooks and transcripts of evidence, Appeal Book and Compendium - Vol. I to III (6 copies) | |
| 2007-01-05 | Book of authorities | Garfield Peart |
| 2007-01-05 | Application for leave to appeal, Affidavit of service not conform (recvd Jan 17/07), Completed on: 2007-01-17 | Garfield Peart |
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 |
|---|---|---|
| Peart, Garfield | Applicant | Active |
| Grant, Earle | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Peel Regional Police Services Board | Respondent | Active |
| Officer S. Ceballo (Badge No. 1491) | Respondent | Active |
| Officer Pedler (Badge No. 1702) | Respondent | Active |
Counsel
Party: Peart, Garfield
Counsel
Suite 202
Toronto, Ontario
M2J 4W9
Telephone: (416) 773-0309
FAX: (416) 773-0909
Email: obarnwell@ogblaw.com
Party: Grant, Earle
Counsel
Suite 202
Toronto, Ontario
M2J 4W9
Telephone: (416) 773-0309
FAX: (416) 773-0909
Email: obarnwell@ogblaw.com
Party: Peel Regional Police Services Board
Counsel
Mississauga, Ontario
L5G 3H4
Telephone: (905) 271-4277
FAX: (905) 271-8027
Email: kennethharris@bellnet.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Officer S. Ceballo (Badge No. 1491)
Counsel
Mississauga, Ontario
L5G 3H4
Telephone: (905) 271-4277
FAX: (905) 271-8027
Email: kennethharris@bellnet.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Officer Pedler (Badge No. 1702)
Counsel
Mississauga, Ontario
L5G 3H4
Telephone: (905) 271-4277
FAX: (905) 271-8027
Email: kennethharris@bellnet.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
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.
Constitutional law - Charter of Rights - Fundamental justice - Search and seizure - Arbitrary detention - Racial profiling - Whether current test for finding of racial profiling in matters of traffic stops inadequate - Whether Court of Appeal applied correct test for reasonable apprehension of bias - Whether dismissal of Applicants’ actions by trial judge and affirming of that decision by Court of Appeal resulted in miscarriage of justice.
The Applicants commenced two separate actions against the Respondents for alleged police misconduct arising out of their apprehension and arrest on December 1, 1997. The Applicants claimed that they were the victims of racial profiling throughout their encounter with the police. The actions sought damages for breach of their rights under the Canadian Charter of Rights and Freedoms. They also sought damages against the Respondent Board for negligence in the training and supervision of the defendant officers. The actions were tried together over several weeks.
Lower court rulings
Ontario Superior Court of Justice
98-CV-154594, 98-CV-157349
Applicants' actions against Respondents dismissed
Court of Appeal for Ontario
C40334
Appeals dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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