THE MOON AND THE TORONTO TRANSIT COMMISSION
CASA LOMA/RUSSELL
HILL SUBWAY ACCIDENT AUGUST 11th 1995
INQUEST DAY ZERO –
Mon 6th November 1995
PRELIMINARIES
The following is a report of the
first day of the inquest into the Subway accident in August. Before you read
any further, please read the introduction so that you will be aware of my
biases and also how this section of my home page is set up.
My involvement with the subway was
rekindled by the Computerized Train Despatch and Information System (CTDIS or
CTD), which is in use today to help the tower keep track of individual run
numbers on the subway. It was also the precursor of the Intermediate Point
Headway Control computer system which was added in the last few years. This
record is designed for TTC employees and others who might like a slightly
different insight into the proceedings than that offered by the Fourth Estate
and the official records – both TTC and the Coroner’s Office. If you want
accuracy, see the court record!!
THE INQUEST BEGINS - POSTPONED TO 5th DECEMBER!!
The inquest into the Subway Accident
in August 1995 commenced at the Coroner's Office on Grosvenor Street in Toronto, Ontario, Canada
on Monday 6th November 1995.
Courtroom A is an L shaped room with the Coroners bench
raised about two feet above the floor level in the very right angle of the L.
An impressive immensely large circular fluorescent light is imbedded in the
ceiling above the Coroner and the court reporter. Six chairs, empty today, are
also slightly raised for the jury. The lawyers, about 15 altogether, sit at two
benches at the junction between the arms of the L and the central square
portion, the public (and the media!!) are in rows in both arms of the L.
It had been rumoured before the
commencement of the inquest that there would be an adjournment immediately, so
the day's proceedings were concerned with who has standing at the inquest.
After morning presentations on the interests of various lawyers and parties and
an adjournment for lunch, the Coroner, Dr R. Huxter, approved and rejected the
standing of the various parties.
|
NAME |
FUNCTION |
REPRESENTING |
|
Dr. R. Huxter |
Coroner |
You and me |
|
Mr. Chris Punter |
Lawyer |
Crown/Coroner/Public Interest |
|
Mr. Brian Leck |
Lawyer |
Toronto Transit Commission |
|
Mr. Falzone |
Lawyer |
Local 113 Amalgamated Transit Union & Mr. Jeffries |
|
Mr. Wehr |
Lawyer |
-----||----- |
|
Mr. Brown |
Lawyer |
-----||----- |
|
Mr. Kemp |
Lawyer |
The deceased |
|
Mr. Birenbaum |
Lawyer |
-----||----- |
|
Mr. Savin |
Lawyer |
-----||----- |
|
Mr. Wobowski |
Lawyer |
Dr. McCallum & Sunnybrook Hospital |
|
Mr. Mendelson |
Lawyer |
Toronto Fire Department |
|
Mr. McNaught |
TTC Employee |
Danforth Division Health & Safety Committee |
|
Mr. McGavan |
Lawyer |
A Mr. Godi & 700 passengers in a class action suit |
|
Mr. Underwood |
Lawyer |
Wismer & Becker – a sometime operative in the Construction Industry |
|
Mr. Dave Irwin |
Retired TTC Employee |
Your Erstwhile Reporter |
|
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Dr. Huxter
allowed Wobowski and Mendelson to represent their clients only as far as their
clients interest are specifically under scrutiny (the rescue), there being no
suggestion that their clients had anything to do with the CAUSE of the
accident.
The coroner was unsure as to
Underwood's standing as Wismer and Becker had only just retained him being
unaware until recently that "they may be involved". As such they are
also potential witnesses who need to be investigated.
McNaught and McGavan were denied standing.
Dr Huxter took arguments for
adjournment and after representations from practically everybody, he adjourned
the inquest to 10 a.m. on the 5th December, 1995.
COMMENTS
Despite a throwaway comment by Brian
Leck that the inquest should be only concerned with the fairly narrow area of
the cause of the accident so that the inquest could stay focused and stand a
chance of having any recommendation approved by the various levels of
government; the Crown Attorney, Mr. Punter, said that the inquiry would examine
the whole environment at the TTC.
There were about 70 people in the
audience and other than the lawyers most seemed to be media. It will be
interesting to see how they report it.
One of the lawyers for the class
action group in his remarks said "Red means Go, Yellow means Go, Green
means Go and White means Go Like Hell!!". The Crown tried to soften this
"bit of evidence" but it sounds like the class action group, had they
been given standing, were going to drag up some dirt - it may get dragged up
anyway - we'll see.
The media, represented by Global TV,
City TV, CBC TV, and CFTO TV, the Toronto Sun and assorted other newspapers
were their usual disgraceful self. It seems to be impossible for these totally
frenetic people to sit silently for any longer than two minutes. They talk loudly
amongst themselves, they are constantly in motion, leaving the room to chat,
phone, smoke cigarettes etc. and generally behave in a manner that is quite
disruptive to the proceedings they are supposed to be observing. This is not
the first time I have seen this bunch of children perform in this way and I was
quite happy to see other people ask them to keep the noise down.
Dave Irwin
- 6th November 1995
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