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The British Columbia Court of Appeal has granted Julie Berg, sister of Jeffrey Berg, deceased, leave to appeal the decision of public hearing adjudicator Brian C. Weddell, Q.C. Despite opposition from lawyers representing Police Complaint Commissioner Ryneveld and VPD Constable Bruce-Thomas, Mr. Justice Donald ordered that leave to appeal be granted on the following grounds:
1. that the adjudicator erred in law in admitting into evidence and relying on an agreed statement of facts that in fact had not been agreed to by the parties to the hearing;
2. that the adjudicator erred in law by conducting a hearing that violated the principles of natural justice and denied the complainant procedural fairness; and
3. that the adjudicator erred in law by finding that David Bruce-Thomas did not commit the disciplinary default of abuse of authority by using unnecessary force on the person of Jeffrey Michael Berg causing his death...
It is expected that Ms. Berg's appeal will be heard by three justices of the Court of Appeal later this year, but a hearing date has not yet been set.
