D. Butt

The applicants, a police constable and the Toronto Police Service, brought an application for certiorari to quash a trial judge's ruling issuing a subpoena to the constable to testify on a Charter application in a criminal trial.

The applicants argued that a draft statement of claim and information provided to the defence by another officer were protected by settlement privilege and unlawfully disclosed, triggering the third-party records regime.

The Superior Court dismissed the application, finding no jurisdictional error or error of law on the face of the record in the trial judge's conclusions that settlement privilege did not apply, the disclosure was not unlawful, and the test for issuing a subpoena was met.

The Black Action Defence Committee applied for leave to intervene in a subpoena motion and procedendo application related to an ongoing criminal trial.

The accused, charged with human trafficking, alleged racial profiling and subpoenaed a police officer to testify.

The officer applied to quash the subpoena.

The proposed intervenor sought to make submissions on racial profiling.

The Superior Court of Justice dismissed the application, finding that interventions in criminal proceedings are rare and the proposed intervenor would not offer a contribution beyond what the accused could already provide.

The plaintiff sued his former employer for wrongful dismissal after being terminated for cause following an incident involving a female co-worker.

The co-worker moved for leave to intervene in the action under Rule 13.01(1) of the Rules of Civil Procedure to protect her moral and physical integrity, arguing that the plaintiff's version of events and cross-examination tactics threatened her reputation in the workplace.

The court granted the motion, finding that the co-worker had a legitimate interest in protecting her integrity and that her limited participation through counsel would not unduly delay or prejudice the proceedings.