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.
33959
Wayne Penner v. Regional Municipality of Niagara 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) |
|---|---|---|
| 2014-01-14 | Appeal closed | |
| 2014-01-10 | Certificate of taxation issued to, Henry S. Brown, Q.C. | |
| 2014-01-10 | Decision on the bill of costs, in the amount of $13,470.17, Reg | |
| 2014-01-10 | Submission of the bill of costs, Reg | |
| 2013-11-01 | Correspondence received from, Ed Van Bemmel by e-mail, re: invoice & incorrectly stated claim in bill of costs | Wayne Penner |
| 2013-11-01 | Bill of costs, Completed on: 2013-11-01 | Wayne Penner |
| 2013-04-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-04-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-04-05 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Ka, The appeal from the judgment of the Court of Appeal for Ontario, Number C51277, 2010 ONCA 616, dated September 27, 2010, heard on January 11, 2012, is allowed with costs throughout. LeBel, Abella and Rothstein JJ. are dissenting. Allowed, with costs |
|
| 2012-01-31 | Transcript received, (98 pages) | |
| 2012-01-11 | Judgment reserved OR rendered with reasons to follow | |
| 2012-01-11 |
Hearing of the appeal, 2012-01-11, CJ LeB F Abe Ro Cro Ka Judgment reserved |
|
| 2012-01-11 | Acknowledgement and consent for video taping of proceedings, all parties consented | |
| 2012-01-11 | Intervener's condensed book, Filed in Court | British Columbia Civil Liberties Association |
| 2012-01-11 | Intervener's condensed book, Filed in Court | Attorney General of Ontario |
| 2012-01-11 | Respondent's condensed book, Filed in Court | Regional Municipality of Niagara Regional Police Services Board |
| 2012-01-11 | Appellant's condensed book, Filed in Court | Wayne Penner |
| 2012-01-10 | Correspondence received from, Eugene Meehan dated January 10, 2012. Re: Change of law firm for the agent | Regional Municipality of Niagara Regional Police Services Board |
| 2012-01-09 | Correspondence received from, Mr. Mazzuca rec'd by fax re: Authorities to be submitted in their condensed book (sent to the judges Jan. 10/12) | Regional Municipality of Niagara Regional Police Services Board |
| 2012-01-05 | Notice of appearance, Julian N. Falconer, Julian K. Roy and Sunil S. Mathai will be appearing | Wayne Penner |
| 2012-01-05 | Notice of appearance, Maureen Whelton and Richard Macklin will be appearing | Urban Alliance on Race Relations |
| 2012-01-05 | Correspondence received from, M.-F. Major by fax, re.: request for 2 reserved seats at the hearing | Regional Municipality of Niagara Regional Police Services Board |
| 2012-01-03 | Correspondence received from, Gowling by email, re.: request for 2 reserved seats at the hearing | Urban Alliance on Race Relations |
| 2011-12-22 | Notice of appearance, Eugene Mazzuca, Kerry Nash and Rafal Szymanski will be present at the hearing. | Regional Municipality of Niagara Regional Police Services Board |
| 2011-12-22 | Notice of appearance, Malliha Wilson, Dennis Brown and Christopher Thompson will be present at the hearing. | Attorney General of Ontario |
| 2011-12-21 | Notice of appearance, Louis Sokolov and Daniel Iny will be present at the hearing. | Criminal Lawyers Association (Ontario) |
| 2011-12-16 | Notice of appearance, Robert Holmes will be present at the hearing. | British Columbia Civil Liberties Association |
| 2011-12-15 | Correspondence received from, Gowling by email, re.: request for 1 reserved seat at the hearing | Canadian Police Association |
| 2011-12-15 | Notice of appearance, Ian Roland and Michael Fenrick will be present at the hearing. | Canadian Police Association |
| 2011-12-14 | Notice of appearance, Sean Dewart and Tim Gleason will be present at hearing | Canadian Civil Liberties Association |
| 2011-12-08 | Notice of hearing sent to parties | |
| 2011-12-08 |
Order by, Ro, FURTHER TO THE ORDER dated October 7, 2011, granting leave to intervene to the Urban Alliance on Race Relations, the Criminal Lawyers Association (Ontario), the British Columbia Civil Liberties Association, the Canadian Police Association the Attorney General of Ontario and the Canadian Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT the interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal. THE INTERVENERS ARE ORDERED, contrary to some comments in certain factums, to restrict their oral presentations to legal issues before the Court and refrain from commenting on the outcome or appropriate disposition of the appeal. Granted |
|
| 2011-12-07 |
Appeal hearing scheduled, 2012-01-11 Judgment reserved |
|
| 2011-12-05 | Intervener's book of authorities, Completed on: 2011-12-05 | Urban Alliance on Race Relations |
| 2011-12-02 | Intervener's book of authorities, Completed on: 2011-12-02 | Canadian Civil Liberties Association |
| 2011-12-02 | Intervener's factum, Completed on: 2011-12-02 | Canadian Civil Liberties Association |
| 2011-12-02 | Intervener's book of authorities, Completed on: 2011-12-02 | Canadian Police Association |
| 2011-12-02 | Intervener's factum, Completed on: 2011-12-02 | Canadian Police Association |
| 2011-12-02 | Intervener's factum, Completed on: 2011-12-02 | Urban Alliance on Race Relations |
| 2011-12-02 | Intervener's book of authorities, Completed on: 2011-12-02 | Criminal Lawyers Association (Ontario) |
| 2011-12-02 | Intervener's factum, Completed on: 2011-12-02 | Criminal Lawyers Association (Ontario) |
| 2011-12-01 | Intervener's book of authorities, Completed on: 2011-12-01 | British Columbia Civil Liberties Association |
| 2011-12-01 | Intervener's factum, Completed on: 2011-12-01 | British Columbia Civil Liberties Association |
| 2011-11-28 | Intervener's book of authorities, Completed on: 2011-11-28 | Attorney General of Ontario |
| 2011-11-28 | Intervener's factum, Completed on: 2011-11-28 | Attorney General of Ontario |
| 2011-10-07 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2011-10-07 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Urban Alliance on Race Relations, the Criminal Lawyers Association (Ontario), the British Columbia Civil Liberties Association and the Canadian Police Association for leave to intervene in the above appeal; AND UPON APPLICATIONS by the Attorney General of Ontario and the Canadian Civil Liberties Association for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Urban Alliance on Race Relations, the Criminal Lawyers Association (Ontario), the British Columbia Civil Liberties Association and the Canadian Police Association are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length. The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Attorney General of Ontario and the Canadian Civil Liberties Association are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length. To the extent that the interests are similar, interveners shall consult to avoid repetition. 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) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention Granted |
|
| 2011-10-07 | Submission of motion for leave to intervene, Ro | |
| 2011-09-20 | Appeal perfected for hearing | |
| 2011-09-16 | Reply to the motion for leave to intervene, (Letter Form), from Sean Dewart dated Sept. 16/11, Completed on: 2011-09-16 | Canadian Civil Liberties Association |
| 2011-09-12 | Response to the motion for leave to intervene, (Letter Form), of CCLA, Completed on: 2011-09-12 | Regional Municipality of Niagara Regional Police Services Board |
| 2011-09-08 | Respondent's book of authorities, Completed on: 2011-09-08 | Regional Municipality of Niagara Regional Police Services Board |
| 2011-09-08 | Respondent's factum, Completed on: 2011-09-08 | Regional Municipality of Niagara Regional Police Services Board |
| 2011-09-06 | Reply to the motion for leave to intervene, (Letter Form), (response of Aug. 22/11), Completed on: 2011-09-06 | Urban Alliance on Race Relations |
| 2011-09-02 | Response to the motion for leave to intervene, Included in leave to intervene, Completed on: 2011-09-02 | Wayne Penner |
| 2011-09-02 | Motion for leave to intervene, Book form - extension of time and consent included, Completed on: 2011-09-02 | Canadian Civil Liberties Association |
| 2011-08-29 | Reply to the motion for leave to intervene, (Letter Form), from Robert D. Holmes, Q.C. dated Aug. 29/11, Completed on: 2011-08-29 | British Columbia Civil Liberties Association |
| 2011-08-22 | Response to the motion for leave to intervene, (Letter Form), from Eugene G. Mazzuca dated Aug. 22/11 in response to all interveners, Completed on: 2011-08-22 | Regional Municipality of Niagara Regional Police Services Board |
| 2011-08-12 | Motion for leave to intervene, (book form) Amended Notice of Motion including extension of time rec'd Aug. 17/11., Completed on: 2011-08-12 | Attorney General of Ontario |
| 2011-08-11 | Motion for leave to intervene, (book form), Completed on: 2011-08-11 | Canadian Police Association |
| 2011-08-11 | Supplemental document, book of authorities in support of leave to intervene, Completed on: 2011-08-15 | British Columbia Civil Liberties Association |
| 2011-08-11 | Motion for leave to intervene, (book form), Completed on: 2011-08-11 | British Columbia Civil Liberties Association |
| 2011-08-10 | Motion for leave to intervene, (book form), Completed on: 2011-08-10 | Criminal Lawyers Association (Ontario) |
| 2011-08-10 | Motion for leave to intervene, (book form), Completed on: 2011-08-10 | Urban Alliance on Race Relations |
| 2011-07-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-07-14 | Appellant's record, Completed on: 2011-07-14 | Wayne Penner |
| 2011-07-14 | Appellant's book of authorities, (3 volumes), Completed on: 2011-07-14 | Wayne Penner |
| 2011-07-14 | Appellant's factum, Completed on: 2011-07-14 | Wayne Penner |
| 2011-04-21 | Notice of appeal, Completed on: 2011-04-21 | Wayne Penner |
| 2011-03-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-03-25 | Judgment on leave sent to the parties | |
| 2011-03-24 |
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 C51277, 2010 ONCA 616, dated September 27, 2010, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2011-02-21 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2011-01-12 | Respondent's response on the application for leave to appeal, Completed on: 2011-01-12 | Regional Municipality of Niagara Regional Police Services Board |
| 2010-12-15 | General proceeding, Formal order form re: estimated date for final order Dec. 20/10 | Wayne Penner |
| 2010-11-30 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2010-11-26 | Application for leave to appeal, C/A order missing (Received Dec 16/10), Completed on: 2010-12-16 | Wayne Penner |
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 |
|---|---|---|
| Penner, Wayne | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Regional Municipality of Niagara Regional Police Services Board | Respondent | Active |
| Gary E. Nicholls, Nathan Parker, Paul Koscinski and Roy Federkow | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Urban Alliance on Race Relations | Intervener | Active |
| Criminal Lawyers Association (Ontario) | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
| Canadian Police Association | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Penner, Wayne
Counsel
Julian K. Roy
Sunil S. Mathai
8 Prince Arthur Avenue
Toronto, Ontario
M5R 1A9
Telephone: (416) 964-3408
FAX: (416) 929-8179
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: Regional Municipality of Niagara Regional Police Services Board
Counsel
Kerry Nash
Rafal Szymanski
2 Queen Street
Suite 1500
Toronto, Ontario
M5C 3G5
Telephone: (416) 593-3946
FAX: (416) 593-5437
Email: emazzuca@blaney.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Gary E. Nicholls, Nathan Parker, Paul Koscinski and Roy Federkow
Counsel
2 Queen Street
Suite 1500
Toronto, Ontario
M5C 3G5
Telephone: (416) 593-3946
FAX: (416) 593-5437
Email: emazzuca@blaney.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Urban Alliance on Race Relations
Counsel
J. Daniel McConville
Richard Macklin
200 - 15 Toronto Street
Toronto, Ontario
M5C 2E3
Telephone: (416) 599-7900
FAX: (416) 599-7910
Email: mwhelton@stevensonlaw.net
Agent
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
Daniel Iny
20 Dundas Street West
Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6439
FAX: (416) 591-7333
Email: louissokolov@sgmlaw.com
Agent
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: British Columbia Civil Liberties Association
Counsel
1300 - 1111 West Georgia Street
Vancouver, British Columbia
V6E 4M3
Telephone: (604) 681-1310
FAX: (604) 681-1307
Email: rdholmes@mhklaw.com
Agent
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8276
FAX: (613) 788-3681
Party: Canadian Police Association
Counsel
Michael Fenrick
155 Wellington Street West
35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-4319
FAX: (416) 646-4320
Email: ian.roland@paliareroland.com
Agent
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: Attorney General of Ontario
Counsel
Malliha Wilson
Christopher P. Thompson
720 Bay St
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4008
FAX: (416) 326-4181
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Civil Liberties Association
Counsel
Tim Gleason
102 - 366 Adelaide Street West
Toronto, Ontario
M5V 1R9
Telephone: (416) 971-8000
FAX: (416) 971-8001
Email: sdewart@dgllp.ca
Agent
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@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.
Civil Procedure – Estoppel – Whether doctrine of issue estoppel should apply to findings of a police discipline hearing so as to prohibit a public complainant from seeking civil law compensation for alleged police misconduct – Whether Court of Appeal erred in applying issue estoppel to a police discipline hearing despite a clear legislative intent in the Police Services Act that civil proceedings be unaffected by police discipline hearings – Whether Court of Appeal’s decision will have a chilling effect on public complaints thereby frustrating the state accountability of the Police Services Act – Whether Court of Appeal’s decision effectively displaces the court’s traditional role as arbiter of disputes between police and civilians.
The applicant was arrested for causing a disturbance during a trial. He filed a complaint with the Police Services Board, alleging police misconduct, unlawful arrest and use of unnecessary force. The hearing officer found that the arrest was lawful and no unnecessary force was used. The Civilian Commission on Police Services overturned the hearing officer’s decision because he had failed to determine whether the arresting officers had the lawful authority to make an arrest but agreed that no unnecessary force was used. On judicial review of the Commission’s decision, the Divisional Court restored the hearing officer’s decision. The applicant commenced a civil action, suing the officers and the Niagara Regional Police Services Board for unlawful arrest, unnecessary use of force, false imprisonment and malicious prosecution.
Lower court rulings
Ontario Superior Court of Justice
03-10151
Claims struck
Court of Appeal for Ontario
C51277, 2010 ONCA 616
Appeal 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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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
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