Metropolitan Toronto Police Services Board v. Dr. Young
The Court held that Dr. Young's attendance at the meeting to ensure the reliability of an expert report did not create a reasonable apprehension of bias, and that the Coroners Act provided statutory authority for his participation; accordingly the Divisional Court's finding of bias was set aside.
Source-derived case information.
- Citation
- C27755
- Parties
- Applicant/respondent: Metropolitan Toronto Police Services Board; Applicant/respondent: Chief of Police David J. Boothby; Respondent/appellant: Dr. James Young; Applicant/respondent: Nick Ashley; Applicant/respondent: William Kemp; Applicant/respondent: Terrence Rivers; Respondent: Black Action Defence Committee; Respondent: Special Investigations Unit; Applicant/respondent: Paul Van Seters
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 November 1998
- Procedural Posture
- Judicial Review / Appeal to Court of Appeal
- Outcome
- Appeal allowed; judgment of the Divisional Court set aside; application for judicial review dismissed
- Legal Topics
- Reasonable Apprehension of Bias, Coroners' Duties, Statutory Authority Under Coroners Act, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Metropolitan Toronto Police Services Board
Applicant/respondent
Chief of Police David J. Boothby
Applicant/respondent
Dr. James Young
Respondent/appellant
Nick Ashley
Applicant/respondent
William Kemp
Applicant/respondent
Terrence Rivers
Applicant/respondent
Black Action Defence Committee
Respondent
Special Investigations Unit
Respondent
Paul Van Seters
Applicant/respondent
Procedural Posture
Judicial Review / Appeal to Court of Appeal
Legal Issues
- 1 Whether Dr. Young's presence at a December 2, 1993 meeting created a reasonable apprehension of bias
- 2 Whether the Chief Coroner had statutory authority to participate in investigative meetings under the Coroners Act
- 3 Whether ensuring reliability of an expert report by the coroner amounts to a disqualifying bias
Ratio Decidendi
The Court held that Dr. Young's attendance at the meeting to ensure the reliability of an expert report did not create a reasonable apprehension of bias, and that the Coroners Act provided statutory authority for his participation; accordingly the Divisional Court's finding of bias was set aside.
Court Disposition
Appeal allowed; judgment of the Divisional Court set aside; application for judicial review dismissed
Orders
- Appeal allowed
- Judgment of the Divisional Court set aside
Full Case Text
Judgment text and source record
1 paragraphs
Metropolitan Toronto Police Services Board v. Dr. Young Collection Decisions of the Court of Appeal Date 1998-11-13 Docket numbers C27755 Judges Brooke, John Watson; Carthy, James Joseph; Goudge, Stephen Thomas Subject Civil Decision Content DATE: 19981113 DOCKET: C27755 COURT OF APPEAL FOR ONTARIO RE: METROPOLITAN TORONTO POLICE SERVICES BOARD and CHIEF OF POLICE DAVID J. BOOTHBY (Applicants/ Respondents)and DR. JAMES YOUNG (Respondent/Appellant) AND RE: NICK ASHLEY, WILLIAM KEMP and TERRENCE RIVERS (Applicants/Respondents) and DR. JAMES YOUNG, BLACK ACTION DEFENCE COMMITTEE and SPECIAL INVESTIGATIONS UNIT (Respondents/ Dr. James Young - Appellant) AND RE: PAUL VAN SETERS (Applicant/Respondent) and DR. JAMES YOUNG, BLACK ACTION DEFENCE COMMITTEE and SPECIAL INVESTIGATIONS UNIT (Respondents/Dr. James Young - Appellant) BEFORE: BROOKE, CARTHY and GOUDGE JJ.A. COUNSEL: Thomas C. Marshall, for the appellant Dr. James Young Dennis W. Brown, Q.C., for the respondent Special Investigations Unit Peter Rosenthal, for the respondent Black Action Defence Committee David T. Stockwood and Brian J. Gover, for the respondent Paul Van Seters Todd L. Archibald, for the respondents Nick Ashley, William Kemp and Terrence Rivers J. Thomas Curry, for the respondents Metropolitan Toronto Police Services Board and Chief of Police David J. Boothby HEARD: November 9, 1998 ENDORSEMENT [1] This is an appeal from the judgment of the Divisional Court allowing the application for judicial review. [2] In a full and complete dissenting judgment, Sharpe J. determined that on the facts of this case there was no reasonable apprehension of bias on the part of Dr. Young. While the investigative role assigned to a coroner by the Coroners Act does not remove his duty to avoid a reasonable apprehension of bias, in this case, as Sharpe J. said, it was an appropriate exercise of the coroner's duties to ensure that the expert report to be offered at the inquest would be reliable. Dr. Young's presence at the December 2, 1993 meeting which was held to ensure that end does not create a reasonable apprehension of bias. [3] Moreover, while Dr. Young was the Chief Coroner and not then the coroner assigned to the investigation, the Act provides ample statutory authority for his presence and participation in such a meeting. [4] We fully agree with the reasons of Sharpe J., including his proposed award of costs. [5] The appeal must be allowed, the judgment of the Divisional Court set aside, and the application for judicial review dismissed. The Black Action Defence Committee shall receive costs of the application fixed at $4,000 and costs of the appeal fixed at $2,000.