The court hears arguments in case #28425, Estate of Manish Odhavji, deceased, Pramod Odhavji, Bharti Odhavji, and Rahul Odhavji v. Detective Martin Woodhouse, Detective Constable Philip Gerrits, Officer John Doe, Officer Jane Doe, Metropolitan Toronto Chief of Police David Boothby, Metropolitan Toronto Police Services Board and Her Majesty the Queen in Right of Ontario, on February 17, 2003.
In 1997, Manish Odhavji, a bank robbery suspect, was shot to death by police as he allegedly fled the scene of the crime. No charges were filed against the officers involved. Mr. Odhavji’s relatives sued the officers involved, the Toronto Chief of Police, and the Toronto Police Services Board for wrongful death, negligence, and breach of public duty in respect of the investigation into the incident. Several of these claims were dismissed by the Ontario courts. Mr. Odhavji’s estate is appealing those decisions to the Supreme Court of Canada.
Lawyer John P. Zarudny presents arguments on behalf of the Queen in Right of Ontario. Lawyer David Sgayias presents arguments on behalf of the Attorney General of Canada, an intervener in the case. Lawyer Julian N. Falconer presents arguments on behalf of the Odhavji estate.
Also on the program, the court hears arguments in case #29061, the Queen v. Mark Wise, on January 21, 2003.
Mark Wise was convicted of second-degree murder; aggravated assault; and break, enter, and robbery. The British Columbia Court of Appeal overturned his conviction, a decision that the Crown is appealing to the Supreme Court of Canada.
Lawyer Alexander Budlovsky presents arguments on behalf of the Crown. Mr. Budlovsky also responds to questions from the justices, including concerns raised by Justice John Major that introduce reasonable doubt about Mr. Wise’s guilt. In a rare oral judgment, delivered by Chief Justice Beverley McLachlin, the court upholds the decision of the B.C. Court of Appeal to overturn Mr. Wise’s conviction.