30 total
Tribunal orders hearing de novo for security guard licence appeal due to insufficient record from Registrar.
The Registrar revoked the appellant's security guard licence and the appellant appealed to the Licence Appeal Tribunal.
The Registrar brought a motion for directions, arguing the appeal should proceed on the record rather than as a hearing de novo.
The Tribunal found that because the Registrar provided extremely brief reasons and no evidentiary record, an appeal on the record was practically precluded.
The Tribunal ordered that the appeal proceed with a hearing of evidence, with the Registrar presenting its evidence first.
Police officer's appeal of disciplinary findings for interfering in an impaired driving investigation dismissed.
The appellant, a police officer, appealed a Hearing Officer's decision finding him guilty of deceit and discreditable conduct under the Police Services Act.
The misconduct involved the appellant interfering in an impaired driving investigation of a wedding guest and subsequently lying about his involvement.
On appeal, the appellant argued the Hearing Officer erred by not recusing himself for bias, refusing to order disclosure of prosecution witness notes, and misapprehending voice identification evidence.
The Ontario Civilian Police Commission dismissed the appeal, finding no reasonable apprehension of bias, upholding the claim of litigation privilege over the witness notes, and concluding the Hearing Officer's findings of guilt were reasonable and supported by the evidence.
The court quashed an interlocutory criminal appeal and refused to appoint counsel for a habeas corpus appeal lacking merit.
The Court of Appeal for Ontario heard two motions arising from two notices of appeal filed by the appellant, Deepan Budlakoti.
The Crown sought to quash a 'Charter Appeal' concerning a pre-trial application dismissal, arguing it was an interlocutory order without a right of appeal.
Mr. Budlakoti sought reconsideration of a decision refusing his application for appointment of counsel for his 'Habeas Appeal' challenging detention conditions.
The court granted the Crown's motion, quashing the Charter Appeal as an interlocutory criminal appeal.
Mr. Budlakoti's motion for counsel was dismissed, as the court agreed there was no arguable ground of appeal for the Habeas Appeal.
Appeal of police disciplinary decision dismissed; no procedural unfairness in Hearing Officer's evidentiary rulings.
The appellant appealed a Hearing Officer's decision finding the respondent police officer not guilty of neglect of duty and deceit under the Police Services Act.
The appellant argued the hearing was procedurally unfair regarding new evidence (scratch notes) and the refusal to allow a witness to testify about GPS data.
The Commission found no procedural unfairness, noting the appellant was provided the new evidence and the Hearing Officer properly exercised her gatekeeper function to exclude irrelevant testimony after the respondent admitted his error.
The Commission declined to re-examine the evidence, deferring to the Hearing Officer's factual findings, and dismissed the appeal.
Appeal of police disciplinary decision dismissed; hearing impairment adequately accommodated and notice of hearing sufficient.
The appellant appealed a Hearing Officer's decision finding the respondent police officer not guilty of discreditable conduct.
The appellant argued that the Notice of Hearing was inaccurate and that her hearing impairment prevented her from fully participating in the hearing.
The Ontario Civilian Police Commission dismissed the appeal, finding that the Notice of Hearing provided reasonable notice and that the Hearing Officer took sufficient steps to accommodate the appellant's hearing impairment, ensuring procedural fairness.
Respondent's unopposed request to amend its Response to address newly raised allegations granted.
The respondent filed a Request for Order During Proceedings seeking to amend its Response to address allegations raised by the applicant for the first time at a summary hearing.
The applicant did not oppose the request.
The Tribunal granted the request, finding it fair to permit the respondent to respond to the newly raised allegations, and allowed the applicant to file an amended Reply.
Human rights application dismissed as abandoned after applicant failed to attend the scheduled hearing.
The applicant failed to attend the scheduled hearing of his human rights application.
Prior to the hearing, the applicant's requests for an adjournment, change of venue, and production of documents were denied.
On the morning of the hearing, the applicant sent an email indicating he might not attend due to an unparticularized medical appointment and filed a second request for reconsideration.
The Tribunal found no reasonable explanation for the applicant's failure to attend, dismissed the application as abandoned, and denied the second request for reconsideration.
Tribunal denies requests to add respondent and anonymize application, but allows adding sex as discrimination ground.
The applicant in a human rights proceeding requested to add Renfrew County Ontario Works as a respondent, add sex as a ground of discrimination, anonymize the application, and requested accommodation.
The Tribunal denied the request to add the respondent because the applicant had already commenced a separate application against them.
The request to add sex as a ground was granted.
The request for anonymization was denied as the applicant did not establish exceptional circumstances outweighing the public interest in open justice.
The accommodation request was deferred pending specific requests.
Summary hearing to dismiss human rights applications denied due to factual disputes requiring evidence.
The applicants, who self-identify as Metis and as persons with disabilities, alleged discrimination regarding their treatment while incarcerated at the Niagara Detention Centre.
They alleged denial of prescribed medications, placement in segregation after being assaulted, and denial of access to cultural and creed-based traditions, including sacred medicines and appropriate meals.
The respondent denied the allegations, asserting the complaints related to non-Code factors like under-staffing and over-crowding, and disputed the factual claims.
The Tribunal declined to dismiss the applications at the summary hearing stage, finding that the factual disagreements required evidence to resolve, and directed the applications to continue in the Tribunal's process.
Human rights application dismissed as abandoned after applicant failed to attend scheduled summary hearing.
The applicant filed an application alleging infringement of his rights under the Human Rights Code.
A summary hearing was scheduled to determine if the application should be dismissed for having no reasonable prospect of success or being untimely.
The applicant failed to attend the scheduled teleconference hearing despite receiving proper notice.
Consequently, the Tribunal dismissed the application as abandoned.