HomeMy WebLinkAboutPD-101-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: MOSPORT.REP
REPORT
Meeting: General Purpose and Administration Committee File #
Date: TUESDAY, September 5, 1995
Res. #
Report #: PD- 101 -95 File #: By -law #
Subject: CORONER INQUEST
DEATH AT MOSPORT PARR IN 1994
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 101 -95 be received;
2. THAT the Municipality's Solicitor be authorized to seek standing
for the Municipality at the Inquest and to represent the
Municipality at the Inquest.
REPORT:
1. Recently, staff were' advised by Durham Police that there will be
an Inquest into the death of the person attending a racing event
at Mosport Park in 1994. We were also advised witnesses from
the Municipality will be required.
2. The purpose of the Inquest is set out in Section 31 of the
Coroners Act. It is to inquire into the circumstances of the
death and determine:
a) who the deceased was;
b) how the deceased came to his death;
c) when the deceased came to his death;
d) where the deceased came to his death; and
e) by what means the deceased came to his death.
3. Since the deceased person was fatally injured as a result of a
fall from a stand at Mosport Park, we anticipate that one of the
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REPORT NO. o PD-101-9 5 PAGE 2
matters that the Coroner and the jury will examine at the
inquest will be the circumstances surrounding the construction
of the stand, the manner of construction and the condition of
the stand at the time of the fatal accident.
4. Although the Coroner's jury does not have authority to make any
finding of legal responsibility or express any conclusion of
law, it does have authority to make recommendations directed to
the avoidance of death in similar circumstances. Such
recommendations may or may not have ramnifications to the
Municipality.
5. The matter has been discussed with the Chief Administrative
Officer and it was concluded that the Municipality should be
represented by legal counsel at the Inquest.
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P R.P.P. W. H. Stockwell
Director of Planning Chief Administrative
and Development Officer
FW *j ip
August 18, 1995
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