People First of Ontario v. Porter, (1992) 54 O.A.C. 305 (DC)

• Judge: Hartt, Montgomery and Campbell, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: September 23, 1991
• Jurisdiction: Ontario
• Citations: (1992), 54 O.A.C. 305 (DC)

People First v. Porter (1992), 54 O.A.C. 305 (DC)

MLB headnote and full text

People First of Ontario, Ontario Assoc. for Community Living and Canadian Disability Rights Council (applicants) v. Bonita Porter, Regional Coroner Niagara, James Young, Chief Coroner for Ontario, Brantwood Residential Development Centre, Ministry of Community and Social Services, Jagdish Desai, Robert Eddy and Alfred Gudgeon (respondents)

(File No. 328/91)

I.M. and B.L.P.M. (applicants) v. Ross C. Bennett, Coroner, David Sliwowicz, John Veale, Michael Gilmore, The Christopher Robin Home for Children, Her Majesty the Queen in Right of the Province of Ontario represented by the Minister of Community and Social Services and People First of Ontario (respondents)

(File No. 87/91)

People First of Ontario (applicant) v. Ross C. Bennett, Coroner, David Sliwowicz, John Veale, Michael Gilmore, The Christopher Robin Home for Children, Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Community and Social Services and I.M. (respondents)

(File No. 403/91)

David Sliwowicz, John Veale and Michael Gilmore (applicants) v. Dr. James Young, Chief Coroner for the Province of Ontario, Dr. Ross Bennett, Coroner, The Christopher Robin Home for Children, Her Majesty the Queen in the Right of the Province of Ontario as represented by the Ministry of Community and Social Services and People First of Ontario (respondents)

(File No. 436/91)

Indexed As: People First of Ontario v. Porter

Ontario Court of Justice

Divisional Court

Hartt, Montgomery and Campbell, JJ.

January 7, 1992.

Summary:

This case involved a preliminary matter respecting the public disclosure of confiden­tial material.

The Ontario Divisional Court ordered non-disclosure of the material plus a publication ban.

Evidence - Topic 3015

Documentary evidence - Confidential documents - Publication ban - In prepara- tion for an inquest, a coroner prepared briefs of evidence to be called at the inquest, including statements from witnesses - The briefs were provided in confidence to counsel - The Ontario Divisonal Court ordered that the material remain confidential and not be disclosed and also ordered that the material not be published - The court stated that the material in question was not evidence and that the appeal would proceed for the time being solely on the public record (see paragraphs 5 and 6).

Counsel:

J.I. Laskin and A.M. Molloy, for People First;

H.B. Radomski and T. Gilbert, for People First (Ontario Assoc. for Community Living);

H.T. Strosberg, Q.C., and E. Ducharme, for I.M.;

R. Stradiotto, Q.C., and D. Jarvis, for Christopher Robin;

M. Thomson and C. Campbell, for David Sliwowicz (moving party on the motion);

P.D. Amey, for Brantwood;

L. Price, for Attorney General.

This application was heard by Hartt, Montgomery and Campbell, JJ., of the Ontario Divisional Court on September 23, 1991. The decision of the court was delivered orally by Campbell, J., on January 7, 1992.