Appeal Allowed: Adam Nobody G20 Appeal Ordered to Proceed
The Divisional Court has reversed an Ontario Civilian Police Commission (OCPC) order, paving the way for the appeal by Adam Nobody of a disciplinary decision to proceed. Falconers LLP lawyers Julian Falconer and Marc Gibson represent Adam Nobody in respect of a discipline hearing in which he charged constables Michael Adams, David Donaldson, Geoffrey Fardell, and Oliver Simpson with excessive force and misconduct arising out of Mr. Nobody’s arrest at the G20 protests at Queen’s Park in 2010. The police officers were found not guilty at the hearing but the Divisional Court, in a judgement dated November 21, 2016, has ordered the appeal to proceed and ordered $15,000.00 in costs against the police officers who sought to have the appeal thrown out on technical grounds.
Video of the arrest, which was posted on social media, shows at least five officers (including the Respondents) applying punches, kicks, and knee strikes to the unarmed Mr. Nobody after he was taken to the ground by a sixth officer. Cst. Babak Andalib-Goortani was convicted of criminal assault with a weapon for unnecessarily striking Mr. Nobody with his baton during the arrest.
On March 4, 2016, the OCPC dismissed Mr. Nobody’s appeal because it was served by fax on the last day of the appeal period. On judicial review, the Divisional Court held that the OCPC misinterpreted the service requirements and ordered that it hear the appeal. The Court awarded $15,000 in costs against the officers for opposing the judicial review application.
Nobody v Ontario Civilian Police Commission Judgment November 21, 2016
Video Footage of Adam Nobody Beating by police June 26, 2010
Decision on Penalty re PC Babak Andalib-Goortani November 5, 2015
Factum of the Complainant, Adam Nobody January 6, 2016
Andalib-Goortani Disciplinary Decision November 6, 2015
R v Goortani Appeal Decision March 4, 2015
R v Goortani Appeal Decision Addendum March 4, 2015
Andalib-Goortani Criminal Trial Judgment September 12, 2013
In the News
Adam Nobody and the video clip that changed everything Toronto Star, June 27, 2015
G20 protester allowed to appeal controversial penalty handed to cop Toronto Star, June 9, 2016
G20 protester allowed to appeal light penalty handed to cop in assault case Metro News, June 9, 2016
Protester seeks sterner punishment for G20 cop found guilty of misconduct Toronto Star, January 7, 2016
Cop guilty of G20 assault won’t be fired — but he loses 5 days’ pay Toronto Star, November 9, 2015