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Personal respondents removed and Chief of Police added after undertaking to accept liability.
The complainant and the Commission brought a Request for Order During Proceedings to add further officers as personal respondents.
Following discussions, the Chief of Police undertook to accept liability in the event any liability is found against the named or proposed officers.
Consequently, the parties agreed to withdraw the request, remove all named individual respondents, and add the Chief of Police as a respondent.
The Tribunal ordered the style of cause amended accordingly.
Complainant precluded from relitigating alleged police assaults dismissed in civil court, but racial profiling claims may proceed.
The respondents brought a motion to dismiss or limit a human rights complaint alleging racial profiling and assault by police officers, arguing that the complainant's prior unsuccessful civil action for assault and battery precluded relitigation of the facts.
The Tribunal applied the doctrine of abuse of process, holding that the complainant could not lead evidence conflicting with the civil court's factual findings that the alleged assaults did not occur.
However, the Tribunal found that the civil court had not decided whether race was a factor in the arrest or charges, and allowed those allegations, as well as allegations regarding the initial vehicle stop, to proceed.
