COURT FILE NO.: 388/06

DATE: 20070419

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

GREER, KITELEY AND LAX JJ.

B E T W E E N:

P.C. STEVEN CORREIA, STAFF SERGEANT JOHN SCHERTZER, P.C. RICHARD BENOIT, P.C. RAYMOND POLLARD AND P.C. NEBOISA MAODUS

Applicants

• and -

TORONTO POLICE SERVICES BOARD and TORONTO CHIEF OF POLICE, WILLIAM BLAIR

Respondents

• and –

TORONTO STAR NEWSPAPERS LIMITED, CANADIAN BROADCASTING CORPORATION AND SUN MEDIA CORPORATION

Respondents

Jay L. Naster, for the Applicant, Staff Sergeant John Schertzer

Joanne E. Mulcahy, for the Applicants

Lyle Kanee, for the Applicants

Brian Gover and Owen M. Rees, for the Chief of Police

HEARD at Toronto: April 19, 2007

LAX J.: (Orally)

1Assuming, without deciding, that this motion is as Mr. Naster submits, a hearing de novo of the motion that was before Swinton J. and that the test is “the interests of justice”, we are of the opinion that it would not be in the interests of justice to grant the limited publication ban sought.

2We are asked to make a partial non-publication order with respect to the Notices of Hearing, an order which does not appear to have been requested before Swinton J. In our view, inadequate notice has been given to the Chief of Police and the Police Services Board for this relief and we decline to hear it.

3We acknowledge that the scope of the ban sought with respect to the Chief’s report, is now narrower. However, we agree with the analysis and conclusion reached by Swinton J. in her endorsement of January 29, 2007, that the moving parties have not satisfied the DagenaisMentuck test for the reasons given by her at paragraphs 12, 13, 14 and 15 of her endorsement. We therefore dismiss this motion.

LAX J.

GREER J.

KITELEY J.

Date of Reasons for Judgment: April 19, 2007

Date of Release: May 2, 2007

COURT FILE NO.: 388/06

DATE: 20070419

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT