Frederic Farrell, Q.C.

Since 2003

cases · 1 yrs · OCPC

Trial

Motion

Costs

Appeal

Sentencing

Member· 2

Blowes-Aybar v. Toronto Police Service, 2003 CanLII 85810

The appellant police officer appealed a conviction of misconduct for making an unlawful or unnecessary arrest for public intoxication.

The Commission dismissed the appeal on the finding of misconduct, finding no reasonable apprehension of bias and that the Hearing Officer's decision was supported by evidence.

However, the Commission allowed the appeal on penalty, reducing the suspension from 12 days to 4 days because the Hearing Officer improperly considered disciplinary matters that postdated the offence.

OCPCMar 7, 2003

Constable Juan Blowes-Aybar v. Toronto Police Service, 2003 CanLII 87673

The appellant police officer appealed a finding of misconduct for making an unlawful or unnecessary arrest for public intoxication, and the resulting penalty of a 12-day suspension.

The Commission dismissed the appeal on the finding of misconduct, finding no reasonable apprehension of bias regarding the Hearing Officer's subsequent employment at OCCPS, and concluding the misconduct finding was supported by evidence.

However, the Commission allowed the appeal on penalty, finding the Hearing Officer erred by considering post-offence disciplinary matters.

The penalty was reduced to a 4-day suspension.

OCPCMar 7, 2003

Counsel for the Appellant

Harry Black, Q.C.Counsel
1 appearance

Counsel for the Respondent

Darragh MeagherCounsel
1 appearance

for the Appellant

Harry Black, Q.C.Counsel
1 appearance

for the Respondent

Darragh MeagherCounsel
1 appearance

Decisions

Years active

Tribunals

2003–2003

Active range

OCPC2(100%)

Decision types

appeal