Huynh v. Jones (Coroner) et al., (1991) 46 O.A.C. 152 (DC)

• Judge: Montgomery, Carruthers and Campbell, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: February 07, 1991
• Jurisdiction: Ontario
• Citations: (1991), 46 O.A.C. 152 (DC)

Huynh v. Jones (1991), 46 O.A.C. 152 (DC)

MLB headnote and full text

Trinh Huynh and Linda Huynh (applicants) v. Dr. A.E. Jones, Coroner, Dr. James G. Young, Chief Coroner and Extrudex Aluminum Limited (respondents)

(744/90)

Indexed As: Huynh v. Jones (Coroner) et al.

Ontario Court of Justice

General Division

Divisional Court

Montgomery, Carruthers and Campbell, JJ.

February 21, 1991.

Summary:

The coroner commenced an inquest into the death of Alex Huynh in a workplace accident. The coroner adjourned the inquest and discharged the jury pending the disposition of charges laid against the deceased's employer under the Occupational Health and Safety Act. The deceased's surviving sisters applied for judicial review of the coroner's decision.

The Ontario Divisional Court dismissed the application.

Administrative Law - Topic 2088

Natural justice - Constitution of board or tribunal - Bias - Apprehension of - The coroner commenced an inquest into a death in a workplace accident - The coroner discharged the jury and adjourned the proceedings pending the disposition of charges laid against the deceased's employer under the Occupational Health and Safety Act - The inquest would resume with a different jury and a rehearing of all evidence - The Ontario Divisional Court held that there was no reasonable apprehension of bias by rehearing those witnesses who had already testified or by the same coroner presiding - See paragraph 18.

Coroners - Topic 4026

Inquests - Procedure - Adjournments - A coroner commenced an inquest into a death in a workplace accident - The coroner adjourned the proceedings and discharged the jury pending the disposition of charges laid against the deceased's employer under the Occupational Health and Safety Act - The Ontario Divisional Court held that the coroner had jurisdiction to close down the inquest as required in the circumstances by fairness and the statutory objects of the Coroners Act - The court refused to overturn the coroner's discretion in adjourning the inquest.

Cases Noticed:

Stickney v. Trusz (1973), 2 O.R.(2d) 469 (H.C.), refd to. [para. 7].

Nicholson v. Haldiman-Norfolk Police Commission, [1979] 1 S.C.R. 311; 23 N.R. 410, refd to. [para. 12].

Statutes Noticed:

Coroners Act, R.S.O. 1980, c. 93, sect. 13 [para. 1]; sect. 27 [paras. 11-12]; sect. 46 [paras. 11, 15].

Authors and Works Noticed:

McRuer, Inquiry Into Civil Rights (1968), vol. 1, p. 492.

Counsel:

David G. Leitch, for the applicants;

Dennis W. Brown, Q.C., for the coroner;

Harry Black, Q.C., for Extrudex Aluminum Limited.

This application was heard before Montgomery, Carruthers and Campbell, JJ., of the Ontario Divisional Court on February 7, 1991. The decision of the Divisional Court was delivered orally by Campbell, J., and released on February 21, 1991.