/Adjudicator

minicounsel

David C. Gavsie — Chair

Chair·Ontario Civilian Police Commission

David C. Gavsie

Since 2008

cases · 8 yrs · OCPC

Trial

Motion

Costs

Appeal

Sentencing

Associate Chair· 20Chair· 19Associate Chair· 3Associate Chair· 3Associate Chair· 1Chair· 1

Ogg v. London Police Service, 2012 CanLII 102119

Police officer's appeal of dismissal penalty dismissed; employer fulfilled duty to accommodate under prior last-chance agreement.

The appellant police officer appealed the penalty of resignation or dismissal imposed by a Hearing Officer after pleading guilty to multiple counts of discreditable conduct, neglect of duty, and insubordination.

The appellant argued the Hearing Officer erred in fact and failed to properly consider the employer's duty to accommodate his generalized anxiety disorder and alcohol dependency.

The Ontario Civilian Police Commission dismissed the appeal, finding the Hearing Officer's decision reasonable.

The Commission noted the appellant had previously been reinstated under a 'last chance' agreement for similar misconduct and failed to comply with its conditions, concluding the employer had fulfilled its duty to accommodate.

OCPCMar 22, 2012

Constable Sean Jackson v. York Regional Police Service, 2011 CanLII 101569

Police discipline penalty reduced; Hearing Officer erred in assessing evidence of alcohol consumption.

The appellant police officer appealed a disciplinary penalty of 160 hours forfeiture and mandatory alcohol treatment following a guilty plea to discreditable conduct.

The misconduct involved off-duty belligerence and profane language towards investigating OPP officers.

The Ontario Civilian Police Commission found that the Hearing Officer erred by failing to provide a logical and intelligible analysis of the evidence regarding the appellant's alcohol consumption, ignoring evidence favourable to the appellant.

The Commission revoked the original penalty, finding it harsh and excessive, and substituted a penalty of 80 hours forfeiture while quashing the order for alcohol treatment.

OCPCDec 12, 2011

Schmidt v. Ontario Provincial Police, 2011 CanLII 101565

Police officer's penalty for discreditable conduct reduced from 40 to 20 hours forfeiture on appeal.

The appellant police officer pled guilty to discreditable conduct after failing to properly report a minor collision between his cruiser and a fire truck, and initially misleading his supervisor about the cause of the damage.

The hearing officer imposed a penalty of 40 hours forfeiture.

On appeal, the Ontario Civilian Police Commission found the hearing officer failed to provide sufficient reasons for the penalty and did not adequately weigh mitigating factors, including the officer's 23-year unblemished record and guilty plea.

The appeal was allowed and the penalty reduced to 20 hours forfeiture.

OCPCOct 13, 2011

Suleiman v. Ottawa Police Services and Lord, 2011 ONCPC 10

Police officer ordered to forfeit 8 days' pay for unlawful arrest and strip search.

The Ontario Civilian Police Commission previously found the respondent police officer guilty of unlawful exercise of authority and insubordination related to an unlawful arrest and strip search.

In this penalty decision, the Commission considered the officer's employment history, prior disciplinary record, and the seriousness of the misconduct.

Accepting the joint submission of the respondents, the Commission ordered the officer to forfeit 8 days or 64 hours of pay.

OCPCOct 4, 2011

Barlow v. Ottawa Police Service, 2011 CanLII 101564

Police officer's appeal of dismissal for serious misconduct involving a confidential informant dismissed.

The appellant, a police constable, appealed the penalty of immediate dismissal imposed by a Hearing Officer after being found guilty of multiple counts of misconduct, including neglect of duty, breach of confidence, and insubordination.

The misconduct involved a prolonged pattern of unauthorized and unsafe interactions with a confidential informant, including disclosing sensitive operational information.

The appellant argued the Hearing Officer failed to properly consider character evidence and his potential for rehabilitation.

The Ontario Civilian Police Commission dismissed the appeal, finding the Hearing Officer's assessment of credibility and the conclusion that the appellant's usefulness as a police officer had been completely annulled were reasonable and supported by the evidence.

OCPCAug 15, 2011

Suleiman v. Ottawa Police Service and Lord, 2011 CanLII 101566

Police officer found guilty of unlawful arrest and insubordination for improper strip search; Hearing Officer's acquittal revoked.

The appellant appealed a Hearing Officer's decision acquitting a police officer of unlawful or unnecessary exercise of authority and insubordination.

The officer had arrested the appellant for allegedly breaching release conditions and conducted a strip search behind a convenience store.

The Commission found that the Hearing Officer made significant errors of law and fact, failed to provide adequate reasons, and ignored material evidence.

The Commission revoked the acquittals and substituted findings of guilt on both charges, concluding the arrest lacked reasonable grounds and the strip search violated police policy.

OCPCJul 8, 2011

Gardner v. Ontario Provincial Police, 2008 CanLII 90941

Commission refused to rubber-stamp a consent motion revoking a disciplinary decision without supporting evidence.

The appellant police officer appealed a finding of guilt for discreditable conduct and the resulting penalty.

Prior to the hearing, the parties submitted a consent motion requesting an order revoking the hearing officer's decisions, citing a failure by the complainant to disclose relevant evidence.

The Commission noted that counsel failed to provide written argument, factums, or evidence to support the motion, and failed to address the Commission's jurisdiction to grant such relief on consent.

The Commission held that it cannot simply rubber-stamp a joint submission and directed counsel to file the required materials by a specified date, failing which the motion would be dismissed. (An amending order later corrected the name of the respondent's counsel in the original decision).

OCPCOct 31, 2008

Page 3 of 3 (47 cases)

Chair, Pembroke Police Services Board

Mike LemayAgent
1 appearance

Counsel, City of Pembroke

David MigicovskyCounsel
1 appearance

Counsel for the Appellant

Glen S. DonaldCounsel
1 appearance
Theresa R. SimoneCounsel
1 appearance

Counsel for The City of Kawartha Lakes Police Service

Glenn P. ChristieCounsel
1 appearance

Counsel for the Greater Sudbury Police Service

David MigicovskyCounsel
1 appearance

Counsel for the Respondent

Bruce K. BrownCounsel
1 appearance

Counsel for the Respondent, Constable Jacky Lord

Mark WallaceCounsel
1 appearance

Counsel for the Respondent, Ottawa Police Service

Joël DuboisCounsel
1 appearance

for both the Durham Regional Police Association and the Durham Regional Police Senior Officers’ Association

Joshua S. PhillipsCounsel
1 appearance

for Chief Gauthier

Alex SinclairCounsel
1 appearance
Ian JohnstoneCounsel
1 appearance

for Chief John Gauthier

Alex SinclairCounsel
1 appearance
Ian JohnstoneCounsel
1 appearance

for Const. Vincent Wong

Alan D. GoldCounsel
1 appearance
Melanie WebbCounsel
1 appearance

for Daryl Bennett

Richard TaylorCounsel
3 appearances

for Daryl Bennett (Moving Party)

Richard TaylorCounsel
1 appearance

for Daryl Bennett (Responding Party)

Richard TaylorCounsel
1 appearance

for Durham College

Alexander PettingillCounsel
1 appearance

for Durham Regional Police Chief Mike Ewles

Angela KhouryCounsel
1 appearance

for Public Complainant Jason Wall

Kathleen BurkeCounsel
1 appearance

for the Appellant

David ButtCounsel
4 appearances
Adam WeisbergCounsel
2 appearances
Andrew P. McKayCounsel
2 appearances
Joanne MulcahyCounsel
1 appearance
Maureen SalamaCounsel
1 appearance
Richard NimanCounsel
1 appearance
William CarrollCounsel
1 appearance
Allan O’BrienCounsel
1 appearance
Bernard J. CumminsCounsel
1 appearance
Brian LawsonCounsel
1 appearance
Elisabeth WidnerCounsel
1 appearance
Glen S. DonaldCounsel
1 appearance
James GirvinCounsel
1 appearance

for the Appellant, Constable Craig Markham

Pamela MachadoCounsel
1 appearance

for the Appellant, Constable Craig Wiles

William R. MacKenzieCounsel
1 appearance

for the Applicant

Andrew WrayCounsel
1 appearance

for the Applicants

Adam WebbeCounsel
1 appearance
Joshua PhillipsCounsel
1 appearance

for the City of Dryden

Craig NuttallAgent
1 appearance

for the Commission

Erin RizokCounsel
1 appearance
Victoria KondoCounsel
1 appearance

for the Corporation of the Town of Perth

John FenikAgent
1 appearance

for the Dryden Police Service

Robert A. DavisAgent
1 appearance

for the Dryden Police Services Board

Peter AndruscoAgent
1 appearance
Robert C. EdwardsCounsel
1 appearance

for the Durham Regional Police Services Board

Bill ClancyCounsel
1 appearance

for the Moving Party, Jason Wall

Kathleen BurkeCounsel
1 appearance

for the Moving Party, Provincial Constable Ashley Grills

Gavin MayCounsel
1 appearance

for the Moving Party (Respondent), Toronto Police Service

Sharon WilmotCounsel
1 appearance

for the Moving Party, the OPP

Lorenzo D. PolicelliCounsel
1 appearance

for the Municipality of Port Hope

Linda ThompsonAgent
1 appearance

for the Niagara Regional Police Association

Barrie ChercoverCounsel
1 appearance

for the Office of the Independent Police Review Director

Miriam SaksznajderCounsel
1 appearance

for the Ontario Civilian Police Commission

Prabhu RajanCounsel
3 appearances
Melanie GorenCounsel
2 appearances
Victoria KondoCounsel
1 appearance
Brian G. WhiteheadCounsel
1 appearance
Erin RizokCounsel
1 appearance
Hera EvansCounsel
1 appearance

for the Ontario Civilian Police Commission (Moving Party)

Melanie GorenCounsel
1 appearance
Prabhu RajanCounsel
1 appearance

for the Ontario Civilian Police Commission (Responding Party)

Melanie GorenCounsel
1 appearance
Prabhu RajanCounsel
1 appearance

for the Ontario Provincial Police

Gerry SalisburyAgent
1 appearance
Paul LegaultAgent
1 appearance
Rod CaseAgent
1 appearance

for the Owen Sound Police Service

William SorenbergerAgent
2 appearances

for the Perth Police Association

Steve McElvrayUnion representative
1 appearance

for the Perth Police Service

Pat CapelloAgent
1 appearance

for the Perth Police Services Board

Stephanie GrayAgent
1 appearance

for the Port Hope Police Association

Paul SpencerUnion representative
1 appearance

for the Port Hope Police Service

Kevin McAlpineAgent
1 appearance

for the Port Hope Police Service Board

Glenn P. ChristieCounsel
1 appearance
Liz StewartAgent
1 appearance

for the Respondent

Bruce K. BrownCounsel
2 appearances
David CowlingCounsel
2 appearances
Lynda BordeleauCounsel
2 appearances
Michael ShardCounsel
1 appearance
Ian SolomonCounsel
1 appearance
Jason D. FraserCounsel
1 appearance
Joel DuboisCounsel
1 appearance
Joël DuboisCounsel
1 appearance
Michael MartoshCounsel
1 appearance
Norman W. FeaverCounsel
1 appearance
Robert HoustonCounsel
1 appearance
Zoya TrofimenkoCounsel
1 appearance

for the Respondent Board and Police Chief

Alex SinclairCounsel
1 appearance
Ian B. JohnstoneCounsel
1 appearance

for the Respondent, Constable Jacky Lord

Mark WallaceCounsel
1 appearance

for the Respondent Durham College

Joyce TamCounsel
1 appearance

for the Respondent Durham Regional Police Service

Alex SinclairCounsel
1 appearance
Ian B. JohnstoneCounsel
1 appearance

for the Respondent Officers Sgt. Trudeau, Const. Sirie and Const. Freeman

Jeffrey BroadbentCounsel
1 appearance

for the Respondent, Ontario Provincial Police

Crystal O'DonnellCounsel
1 appearance

for the Respondent, Ottawa Police Service

Christiane HuneaultCounsel
1 appearance

for the Respondent Sault Ste. Marie Police Service

Ian JohnstoneCounsel
1 appearance

for the Respondent Service

Jennifer GunningCounsel
1 appearance

for the Respondent, Waterloo Regional Police Service

Gary V. MelansonCounsel
1 appearance
Virginia TorranceCounsel
1 appearance

for the Responding Party (Appellant)

Steven IzzettSelf-represented
1 appearance

for the Responding Party, Constable Vincent Wong

Alan D. GoldCounsel
1 appearance
Melanie WebbCounsel
1 appearance

for the Responding Party, Sgt. Mulligan

Michelle Hamilton MayersCounsel
1 appearance

for the Responding Party, the OPP

Hera EvansCounsel
1 appearance
Jodie-Lynn WaddiloveCounsel
1 appearance

for the Responding Party, Toronto Police Service

Sie-Wing KhowCounsel
1 appearance

for the Statutory Intervener

Miriam SaksznajderCounsel
1 appearance

for the Toronto Police Service

Sharon WilmotCounsel
1 appearance

for the Waterloo Regional Police Service, Respondent and the Moving Party on the Motion

Gary MelansonCounsel
1 appearance
Lynda BordeleauCounsel
1 appearance

Mayor, City of Pembroke

Ed JacynoAgent
1 appearance

member of the public

Elwyn BehnkeSelf-represented
1 appearance

Member of the Public

Rod EwingSelf-represented
1 appearance
Wilfred DaySelf-represented
1 appearance

Ontario Provincial Police

Jeff SmithAgent
1 appearance
Paul LegaultAgent
1 appearance

Personally

Art PlussSelf-represented
1 appearance

President, Pembroke Police Association

Jamie HoltUnion representative
1 appearance

resident

Carl RubinoSelf-represented
1 appearance
John ChalmersSelf-represented
1 appearance
Lana MarchSelf-represented
1 appearance
Michael WicklumSelf-represented
1 appearance
Stuart HowardSelf-represented
1 appearance

self-represented

Gary LavoieSelf-represented
1 appearance

Self-Represented Appellant

Constable Randy JohnsonSelf-represented
1 appearance
Magabi SuleimanSelf-represented
1 appearance

Decisions

Years active

Tribunals

2008–2015

Active range

OCPC47(100%)

Decision types

appeal

motion

trial

Page 3 of 3 (47 cases)