In The News

Appeal court affirms Crown immunity from police negligence claims


Sean Dewart, a partner at Dewart Gleason LLP in Toronto, says it was encouraging to see the Court of Appeal squelch the “offensive” idea that police officers should have greater remedies in these types of cases, but he noted that the court emphasized that the law around suing Crowns seems “locked in place.”

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Lawyer Tim Gleason said freedom of religion and conscience is “a human right that can only be held by humans.”


The United Church of Canada, however, opposed religious freedom for institutions.  Lawyer Tim Gleason said freedom of religion and conscience is “a human right that can only be held by humans.”

If you extend religious freedom to organizations, “you open up the problems this case presents to us, an organization shielding its coercive practices” under section 2a of the charter, Gleason said.

He argued the covenant was “compelled ideological conformity.”

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Senior Toronto cop’s misconduct appeal dismissed in G20 ‘kettling’ case


“A senior Toronto police officer found guilty of professional misconduct has lost the appeal of his conviction for twice ordering the mass arrest of hundreds during the G20 summit in 2010…”

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Dewart Gleason’s Clients Successful on G20 Appeal


On November 9, 2017, the Ontario Civilian Police Commission dismissed Superintendent Mark Fenton’s appeal from findings that he was guilty of misconduct and discreditable conduct for his role in orchestrating unlawful mass arrest of peaceful protestors during the G20 Summit in June 2010.  The Commission also agreed with our submissions that the penalty should be increased, and doubled the length of the suspension imposed at the original hearing.  Sean Dewart and Adrienne Lei acted for the protesters who filed complaints about his breach of their rights under the Canadian Charter of Rights and Freedoms.

Read the Commission’s decision here (pdf) Fenton v. TPS- CanLii

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“I don’t believe it will be a complicated matter for the courts”


Image of Bob Kinnear's lawyer, Tim Gleason being interviewed by CTV News correspondent Natalie Johnson
“I don’t think it will be a complicated matter for the Court.”

“I don’t think it will be a complicated matter for the Court. It’s pretty clear that the International breached the terms of the Court. They’ve put out communications essentially mocking the Court’s order and reasoning. So we are hopeful that the Court will be receptive to our motion.”

Bob Kinnear’s Lawyer – Tim Gleason

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TTC union leader Kinnear seeks contempt order for rival Sforza


“On Thursday, Mr. Kinnear’s lawyers will be back in court, asking a judge to declare Mr. Sforza in contempt for allegedly violating Tuesday’s order, arguing that he should face jail and a fine. Tim Gleason, a lawyer for Mr. Kinnear, said his side had received information that Mr. Sforza allegedly attended the executive board vote Tuesday night that condemned Mr. Kinnear in absentia.”

“Mr. Kinnear’s lawyers are also seeking an order that would forbid Mr. Sforza and the U.S.-based ATU from ‘threatening, intimidating or otherwise communicating directly or indirectly with any officer’ of Local 113‎.”

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A great victory for union democracy in Canada…


A great victory for union democracy in Canada

“A great victory for union democracy in Canada… The only thing Bob Kinnear asked the judge for was an opportunity for his members to choose freely and democratically.”

Tim Gleason, Kinnear’s lawyer

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Bob Kinnear reinstated as leader of the TTC’s largest union


In a statement Tueday, Tim Gleason, a lawyer for Kinnear, called the decision “a breakthrough for Canadian union members who want to break free of American organizations that have dominated them for decades.”

TTC employees are now entitled to vote for their interests as a result of the ruling, he added.

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Judge reinstates TTC union leader Bob Kinnear


Tim Gleason, a lawyer for Mr. Kinnear, said the ruling was a breakthough for other Canadian locals seeking to leave U.S.-based international unions, many of which have similarly restrictive constitutions: “It’s the first time that a union has ever been successful in this kind of a motion. And it opens the door to very compelling arguments that these terms which are quite common in U.S. international unions’ constitutions are unconscionable and hopefully unenforceable.”

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A fitting tribute to the late Bob White: Canadian Unions can break free from US chains.


A fitting tribute to the late Bob White: Canadian Unions can break free from US chains.

Download PDF: Kinnear v. Hanley

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Sean Dewart, a partner with Dewart Gleason LLP, says the decision brings a welcome relaxation of the law that requires Crowns to account for harm that is caused by their proven misconduct. He added that relaxation has unfortunately come at the price of furthering the idea that Crowns are counsel for the police.
“This comes perilously close to saying that Crown attorneys are advocates for the police, which is an odious proposition,” says Dewart, who did not act in the case.
“It is also entirely inconsistent with the idea that Crown prosecutors are quasi-judicial ministers of justice, and thus entitled to immunity.
“The pieces don’t fit together.”

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Toronto Police Get Ahead of Themselves, Again


“Sean Dewart, a Toronto lawyer who does work involving police accountability, said that if it was later determined that Mr. Pagan was wrongly identified, he would have to prove that Toronto Police acted with malice in releasing his photo in any defamation lawsuit. Otherwise, police would be able to claim qualified privilege in publicizing the image.

‘As long as they have some reasonable basis for thinking that he’s done it, the police are fine and he’s without a remedy. And conversely, if they were just taking a shot in the dark because there was public attention to this occurrence, then they have some explaining to do,’ Mr. Dewart said.”

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Toronto Police Disgraced Themselves with Jackboot tactics at G20


Adrienne Lei represented the Canadian Civil Liberties Association and three citizens who were rounded up and detained arbitrarily at Queen St. and Spadina Ave. during the G20 five years ago.

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G20 Inquiry Hears Allegations of Abuse of Power by Police


Adrienne Lei calls police roundup of civilians a hallmark of a fascist totalitarian regime at hearing into G20 police misconduct allegations. Dewart Gleason represents the Canadian Civil Liberties Association and three complainants in the proceeding.

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Vers la fin des stages non rémunérés?


Bell Mobilité a au moins suspendu temporairement un programme controversé qui recrute des centaines de stagiaires chaque année pour travailler bénévolement pour l’entreprise, l’un des plus grands joueurs des télécommunications au pays, et l’un des plus rentables.

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Bell Canada cancels massive unpaid-internship program


“If Bell has decided to pay people for their work, this is a positive development. Not just for Ms. Patel, but for all of Bell’s employees.”

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