Alexandra D. Ciobotaru

The appellant police officer appealed a decision of the Ontario Civilian Police Commission upholding his dismissal for discreditable conduct, insubordination, and breach of confidence.

The misconduct related to his failure to report the kidnapping of an acquaintance and his unauthorized use of a police database to provide information to the victim's brother.

The Divisional Court dismissed the appeal, finding no error in the Hearing Officer's decisions to allow video testimony, admit a criminal trial transcript, refuse a stay for delay, and impose the penalty of dismissal.

The appellant police officer appealed a finding of Discreditable Conduct under the Police Services Act Code of Conduct for using profanity towards a member of the public during a tense investigation.

The Ontario Civilian Police Commission found that the Hearing Officer erred by equating the use of profanity with Discreditable Conduct absolutely, without applying the required objective test.

The Commission held that an objective test, viewed from the perspective of a reasonable person in the community and considering the context of the situation, must be applied.

Given the tense and potentially dangerous circumstances of the call, the Commission concluded the single use of an expletive did not meet the objective test for Discreditable Conduct and revoked the finding.

The appellant police officer appealed a Hearing Officer's decision finding him guilty of four counts of misconduct (discreditable conduct, insubordination, and breach of confidence) and ordering his dismissal.

The misconduct related to his failure to report two separate kidnappings, conducting unauthorized CPIC queries, and disclosing confidential information.

The Ontario Civilian Police Commission dismissed the appeal, finding no errors in the Hearing Officer's decisions regarding delay, admission of video link and transcript evidence, credibility assessments, or the finding that his actions constituted discreditable conduct.

The penalty of dismissal was upheld.

The Office of the Independent Police Review Director (OIPRD) appealed a Divisional Court decision that quashed its second finding (unsubstantiated) regarding a police misconduct complaint by the Stanleys and ordered a third investigation.

The Court of Appeal upheld the quashing of the OIPRD's second decision, but on the ground that the OIPRD was functus officio and lacked statutory or common law authority to reconsider its initial substantiated finding.

The Court set aside the Divisional Court's order for a third investigation, restoring the OIPRD's original decision to refer the matter for a disciplinary hearing, while noting that the OIPRD could now apply its newly amended rules for reconsideration.

The applicant, a police officer, sought judicial review of a decision by the Ontario Civilian Police Commission upholding a finding of misconduct for the unlawful arrest of a videographer during the G20 summit.

The applicant argued the Commission erred in its standard of review and that the Hearing Officer's reasons were inadequate.

The Divisional Court dismissed the application, finding that the Commission reasonably concluded the reasons were adequate for appellate review and that the finding of misconduct was reasonable given the lack of good and sufficient cause for the arrest.

The appellant police officer was found guilty of disciplinary offences and ordered dismissed.

He appealed to the Commission.

After the appeal was heard but before a decision was rendered, the appellant retired.

The Commission held that pursuant to section 90(1) of the Police Services Act, it lacks jurisdiction to continue with an appeal or render a decision once an appellant is no longer a police officer.

The appeal was therefore dismissed for lack of jurisdiction.

The applicant, a police officer, was found guilty of misconduct under the Police Services Act for unlawful arrest and excessive force during the G20 summit.

The Ontario Civilian Police Commission upheld the misconduct findings but reduced the penalty to a one-month demotion.

The applicant sought judicial review, arguing the Commission erred in its standard of review and treatment of the Hearing Officer's credibility findings.

The Divisional Court dismissed the application, finding the Commission's decision was reasonable and properly deferred to the Hearing Officer's factual and credibility determinations.

The Toronto Police Service sought judicial review of a decision by the Ontario Civilian Police Commission that varied the penalty imposed on a police officer who pled guilty to deceit and insubordination.

The Hearing Officer had ordered dismissal, but the Commission substituted a penalty of forfeiture of pay, suspension, and demotion, finding the Hearing Officer made several errors in principle.

The Divisional Court dismissed the application for judicial review, holding that the Commission reasonably concluded the Hearing Officer erred by mischaracterizing the officer's admission of a mistake, making unsupported findings about risks to an investigation, and improperly relying on the fact of the officer's suspension.

The applicants sought judicial review of a decision by the Director of the Office of the Independent Police Review Director (OIPRD) which found their complaints against a police officer unsubstantiated.

The Director had initially found evidence of misconduct and referred the matter for adjudication, but later reopened the investigation and reversed his decision after undisclosed communications with the police service.

The Divisional Court found that these undisclosed communications compromised the independence of the Director and breached procedural fairness.

The court quashed the Director's decision and remitted the matter for a fresh investigation by a different investigator.

The applicant, a police constable, sought judicial review of a decision by the Ontario Civilian Police Commission upholding his dismissal for unnecessary use of force against a person in custody.

The Divisional Court found that the Commission applied the correct standard of review and reasonably concluded that the penalty of dismissal was warranted despite some errors by the Hearing Officer.

The application for judicial review was dismissed.

The appellant appealed the dismissal of misconduct charges against four Toronto Police Service officers involved in his arrest during the 2010 G20 Summit.

The Hearing Officer had found the officers' use of distractionary strikes justified due to the appellant's active resistance.

The Ontario Civilian Police Commission reviewed the decision on a reasonableness standard and found no error in the Hearing Officer's conclusions, confirming the dismissal of the charges.

The Commission noted concerns about qualifying a TPS training officer as an expert witness but held it did not affect the outcome as it was not raised as a ground of appeal.

The appellant police officer appealed his convictions for insubordination and neglect of duty under the Police Services Act.

After the appeal was heard but before a decision was rendered, the appellant retired from the police service.

The Commission held that pursuant to section 90(1) of the Police Services Act, it lost jurisdiction over the matter once the appellant ceased to be a police officer.

The appeal was dismissed for lack of jurisdiction.

The self-represented accused, facing fraud charges for allegedly holding himself out as a lawyer and misappropriating funds, brought an application for further first-party disclosure from the Crown and third-party records from his former employers, the police, and the Law Society of Upper Canada.

The court reviewed the requests under the Stinchcombe and O'Connor frameworks.

The court ordered the production of certain invoices and payments to establish the business relationship between the accused and the law firms, and ordered the Crown to provide witness lists and criminal records.

Requests for client files were denied due to solicitor-client privilege, and the request for Law Society records was dismissed as a fishing expedition.