Andre Ducasse

The appellant appealed a summary judgment granted in favour of the respondent regarding a debt.

The motion judge had relied on a partial transcript from a related proceeding where the appellant seemingly admitted the debt.

On appeal, the appellant sought to introduce fresh evidence, including the full transcript which showed the admission was qualified by a claim that the parties had settled for half the amount.

The Court of Appeal admitted the fresh evidence, finding exceptional circumstances due to a communication breakdown between counsel and the inadvertently misleading nature of the partial transcript.

The appeal was allowed and the summary judgment set aside, but the respondent was awarded costs for both the motion and the appeal due to the appellant's failure to adduce the evidence originally.

Constable Favretto was dismissed by a Hearing Officer for discreditable conduct after pointing his firearm at a fellow officer while in a dissociative state caused by workplace harassment.

The Ontario Civilian Commission on Police Services varied the penalty to a demotion, finding the Hearing Officer failed to properly weigh provocation and rehabilitation.

The Divisional Court reinstated the dismissal.

The Court of Appeal allowed the officer's appeal, holding that the Divisional Court failed to properly apply the reasonableness standard of review to the Commission's decision, which was supported by a tenable explanation.