Supreme Court of Canada

Date: 2003-05-05

Iacobucci, Bastarache, Binnie, LeBel and Deschamps JJ.

Counsel:

David G. Butcher, for appellant, David Jones (via Vancouver).

Paul Barkley, for respondent, Don Morrison, Police Complaint Commissioner (via Vancouver) (moving party).

George H. Copley, Q.C., for respondent, Attorney General of British Columbia (via Vancouver).

The judgment of the court was delivered orally by

[1] Iacobucci J.:— We are all of the view that this appeal has become moot and that there are no circumstances to justify hearing the appeal pursuant to the criteria set forth in Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342, 57 D.L.R. (4th) 231. Accordingly, the motion to quash the appeal is granted with no order as to costs.

[2] Motion to quash granted.