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Application for certiorari to compel disclosure of police disciplinary records in a provincial offences prosecution dismissed.
The applicant, charged with driving with a hand-held communication device, sought a stay of proceedings and an order for certiorari to compel the disclosure of the charging officer's disciplinary records.
A Justice of the Peace had previously denied the disclosure request.
The Superior Court dismissed the application, finding that certiorari is rarely available for pre-trial rulings and the refusal did not constitute a jurisdictional error.
Furthermore, the court held that the disciplinary records were not obviously relevant to the charge and should be sought through an O'Connor application rather than as first-party disclosure.
Reconsideration granted in part to address timeliness of allegations dismissed without giving applicants an opportunity to make submissions.
The applicants requested a reconsideration of a Tribunal decision that dismissed their human rights applications against the City of Ottawa and several neighbours.
The original decision found that the timely allegations had no reasonable prospect of success and dismissed the remaining allegations for delay.
The Tribunal granted the reconsideration request in part, finding that the original decision was in conflict with Tribunal procedure because the Vice-chair had orally ruled at the preliminary hearing that there was no issue with timeliness, but then dismissed the applications as untimely without hearing submissions on the issue.
The reconsideration was granted solely on the issue of the timeliness of the allegations preceding July 29, 2013.
