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.
38166
John Connelly, et al. v. Toronto Police Services Board
(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) |
|---|---|---|
| 2019-05-22 | Close file on Leave | |
| 2019-05-22 | Certificate of taxation issued to, Fred Fisher. | |
| 2019-05-22 | Decision on the bill of costs, in the amount of $1,089.00, Reg | |
| 2019-05-22 | Submission of the bill of costs, Reg | |
| 2019-03-21 | Bill of costs, (Letter Form), Paper copies received on April 26, 2019., Completed on: 2019-03-21 | Toronto Police Services Board |
| 2019-03-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-03-08 | Judgment on leave sent to the parties | |
| 2019-03-07 |
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 C63991, 2018 ONCA 368, dated April 16, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2019-01-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-08-24 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-08-24 | John Connelly |
| 2018-08-20 | Book of authorities, (Book Form), Missing 3 copies (received on 2018-08-22), Completed on: 2018-08-20 | Toronto Police Services Board |
| 2018-08-20 | Certificate (on limitations to public access), (Letter Form) | Toronto Police Services Board |
| 2018-08-20 | Notice of name, (Letter Form) | Toronto Police Services Board |
| 2018-08-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-08-20 | Toronto Police Services Board |
| 2018-06-19 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2018-06-19 | |
| 2018-06-13 | Certificate (on limitations to public access), (Letter Form) | John Connelly |
| 2018-06-13 | Application for leave to appeal, (Book Form), Completed on: 2018-06-19 | John Connelly |
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 |
|---|---|---|
| Connelly, John | Applicant | Active |
| Connelly, Gloria | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Toronto Police Services Board | Respondent | Active |
Counsel
Party: Connelly, John
Counsel
David Cassin
116 Simcoe Street
Toronto, Ontario
M5H 4E2
Telephone: (416) 916-1387
FAX: (866) 830-5920
Email: cf@mlflitigation.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Connelly, Gloria
Counsel
David Cassin
116 Simcoe Street
Toronto, Ontario
M5H 4E2
Telephone: (416) 916-1387
FAX: (866) 830-5920
Email: cf@mlflitigation.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Toronto Police Services Board
Counsel
Alison Mintoff
Station 1260, Metro Hall
55 John Street, 26th Floor
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-7224
FAX: (416) 397-5624
Email: ffischer@toronto.ca
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Summary
Keywords
Torts — Negligence — Duty of care — Negligent investigation — Motion to strike statement of claim as disclosing no reasonable cause of action granted — Whether the tort of negligent investigation extends to crime victims’ families — Whether police owe private law duty of care under tort of negligent investigation to crime victims’ families — Whether police implicitly owe a statutory duty of care to victims’ families under either the Police Services Act, R.S.O. 1990, c. P. 15 or the Victims Bill of Rights, 1995, S.O. 1990, c. 6.
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.
The Toronto Police, overseen by the respondent Toronto Police Services Board, concluded that the applicants’ son’s death was a suicide. The parents have maintained that their son did not commit suicide. They brought a claim for damages for negligent investigation and negligence for classifying the death as a suicide. They sought a declaration that the Toronto Police should have conducted a homicide investigation in 2001 and should conduct one now. They also claimed damages for wrongful death due to the failure of the initial officers on site to attempt to revive their son.
In the Ontario Superior Court of Justice, the Toronto Police moved to strike the claim under Rule 21 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. The motion was granted. The Court of Appeal also dismissed the appeal of the motion decision.
Lower court rulings
Ontario Superior Court of Justice
CV-16-557761, 2017 ONSC 3408
Statement of Claim struck out in its entirety without leave to amend.
Court of Appeal for Ontario
C63991, 2018 ONCA 368
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