Davis LLP litigator Alexi Wood has written the article "Precedent Set on Judicial Reviews' Paper Trail" for the January 26, 2015 issue of The Lawyers Weekly.
Clare Endicott submitted a misconduct complaint to the office of the Independent Police Review Director about the intrusive actions of two Toronto police officers. After the director dismissed her complaints, she sought a judicial review, for which the director refused to produce a record of proceedings. Endicott then sought an order compelling the director to produce the record that led to the dismissal, first at the Divisional Court then at the Court of Appeal. Both courts held that in dismissing Endicott's complaints, the director had "exercised a statutory power of decision, and was therefore obliged to produce the record of proceedings."
The precedent-setting decision, Alexi explains, has broad implications on the rights of complainants because it provides "much-needed clarity" on "what qualifie[s] as a statutory power of decision" and what is to be included in a record of proceedings.
Alexi represented Endicott at all stages of the interlocutory motion, and will argue the judicial review in this case on April 2, 2015.
[ Download PDF - 808.76 kB]This article originally appeared in the January 26, 2015 issue of The Lawyers Weekly, published by LexisNexis Canada Inc.
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