Anita L. Lyon

The applicant, a First Nations Constable, sought judicial review of the termination of his appointment by the Commissioner of the Ontario Provincial Police.

The Commissioner had terminated the appointment on the basis that the applicant's employment as a Band Constable had been terminated by the Band Council, without providing details of the alleged misconduct or consulting further.

The Divisional Court found that the Commissioner failed to comply with the statutory duties under subsections 54(4) and (7) of the Police Services Act, which require consultation and the provision of reasonable information regarding the reasons for termination.

The court quashed the termination and remitted the matter to the Commissioner to be dealt with according to procedural fairness.

The applicant's request for a declaration of entitlement to wages was deferred to a separate civil action.

The appellant, a corrections officer who was severely injured by an inmate, appealed a decision of the Criminal Injuries Compensation Board.

The Board had awarded the maximum amount for pain and suffering but deducted a $12,000 Non-Economic Loss (NEL) award received from the Workers' Compensation Board, pursuant to s. 17(3) of the Compensation for Victims of Crime Act.

The appellant argued this resulted in a double deduction because his long-term disability insurance also deducted the NEL award.

The Divisional Court dismissed the appeal, finding the Board properly exercised its discretion and that any dispute regarding insurance deductions was a matter between the appellant and his insurer.