Caputo J.

The appellant police officer appealed a decision of the Ontario Civilian Commission on Police Services, which upheld a Hearing Officer's finding of discreditable conduct and the penalty of resignation or dismissal.

The misconduct involved nine separate incidents of careless use of a firearm and one incident of showing a scrotum piercing to a female officer.

The Divisional Court dismissed the appeal, finding that the Commission reasonably concluded the Hearing Officer had considered the appropriate factors, including the gravity of the misconduct, employment history, and rehabilitation prospects, and that the penalty fell within the acceptable range.

The applicant employer sought judicial review of an arbitrator's decision reinstating an employee who was terminated for excessive innocent absenteeism under an attendance management system.

The arbitrator found that the termination violated the Human Rights Code because the absences relied upon included a compensable workplace injury, and the employer failed to show undue hardship in accommodating the employee.

The Divisional Court dismissed the application, upholding the arbitrator's decision and finding no error in the arbitrator's application of human rights principles regarding the duty to accommodate.

The appellant physician appealed a penalty decision of the Discipline Committee of the College of Physicians and Surgeons of Ontario, which prohibited him from submitting accounts to OHIP for three years after he defrauded the public.

The Divisional Court dismissed the appeal, finding that the College had jurisdiction to impose the billing prohibition under s. 51(2)(3) of the Health Professions Procedural Code.

The Court held that the penalty was reasonable and entitled to deference, and rejected the argument that the prohibition was equivalent to an additional three-year suspension.

The appellant appealed an order dismissing its motion for summary judgment to enforce a $50,000 penalty clause under minutes of settlement.

The respondent had defaulted on the final payment due to a dishonoured cheque caused by an administrative change, and a replacement cheque had a minor shortfall, both of which were corrected promptly.

The Divisional Court upheld the motions judge's decision to exercise her discretion under Rule 49.09 to decline enforcement of the penalty clause, finding no palpable or overriding error.

The appellants appealed a trial judgment ordering them to pay $7,000 to the respondent.

The trial judge found that the respondent and the appellant Tony Chao had an oral agreement wherein Chao would hold $7,000 in trust for the respondent in a dormant corporate account.

The appellants argued that the respondent breached his fiduciary duties as an officer and lawyer for the corporation.

The Divisional Court dismissed the appeal, finding ample uncontradicted evidence to support the trial judge's conclusion that this was a simple contract and no fiduciary duty was breached.