Application of Issue Estoppel and Police Disciplinary Proceedings in Penner v. Niagara, 2013 SCC 19
On April 5th, 2013, The Supreme Court released its decision in the Penner v. Niagara Regional Police matter.
Penner took the matter to The Supreme Court of Canada and was successful!
The Supreme Court in a 4-3 decision found that the circumstances ought not to give rise to issue estoppel.
The Urban Alliance on Race Relations served as a public interest intervener in the Penner v. Niagara matter at the Supreme Court of Canada represented by Stevensons lawyers Maureen Whelton and Richard Macklin http://stevensonlaw.net/sevensons-on-successful-side-at-supreme-court-of-canada/.
The majority of the Court held that the appellant’s administrative complaint against the police did not preclude a civil action for damages. The Court’s decision is of broad importance in that it articulates the law of issue estoppel as it relates to administrative decision makers. Stevensons lawyers Maureen Whelton and Richard Macklin acted for the intervener Urban Alliance on Race Relations. – StevensonsLLP
Penner v. Niagara (Regional Police Services Board), 2013 SCC 19 (CanLII)
- Penner V. Niagara, 2013 SCC 19 Ontario Reports
- Supreme Court rules citizens can both file police complaints and sue police forces Toronto Star
- Cops can’t use complaints process as shield against lawsuits, top court says The StarPhoenix