Ontario Civil


Balance of convenience was in favour of completing inquest

Application to stay inquest pending determination of judicial review of decision by coroner refusing to expand scope of inquest or to grant leave for certain witnesses to be called. Mother and her two children died in fire in their home. Apartment that deceased lived in was owned and operated by community housing corporation. Fire was determined to have been caused by children who were playing with lighter. Mother was asleep at time. Mother’s body was found to have high blood alcohol content, and it was determined that she had consumed both cocaine and marijuana at earlier time. Provincial Advocate and deceased’s family’s application to expand scope of inquest to examine services provided to family was dismissed. Provincial Advocate’s request to call certain witnesses was refused. Motion dismissed. Test for stay was not met. Judicial reviews did not raise serious issue. No irreparable harm would result if stay was denied. Balance of convenience was in favour of completing inquest.

Ontario (Provincial Advocate for Children and Youth) v. Ontario (Coroner)

(June 3, 2011, Ont. S.C.J. (Div. Ct.), Lederer J., File No. 255/11; 257/11) 203 A.C.W.S. (3d) 64 (13 pp.).

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