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.
Lawyers Julian N. Falconer and Richard Macklin present arguments on behalf of Mr. Odhavji’s estate.