Chris Diana

The appellant police officer appealed findings of misconduct (neglect of duty and deceit) and the penalty of dismissal imposed by a Hearing Officer.

The misconduct arose from the appellant's failure to properly investigate a suspected impaired driver and his subsequent false explanations to his supervisor and Professional Standards Bureau.

The Ontario Civilian Police Commission dismissed the appeal, finding that the Hearing Officer did not misapprehend the expert evidence, drew reasonable inferences from the facts, and appropriately weighed the dispositional factors in imposing the penalty of dismissal.

The appellant police officer appealed a penalty of demotion to fourth class constable for 18 months, imposed after he pled guilty to discreditable conduct.

The misconduct involved fabricating text messages to disparage his ex-wife's new partner and improperly registering individuals as confidential informants to conceal his actions.

The appellant argued the Hearing Officer erred by effectively penalizing him for deceit and insubordination, which were not charged, and that the penalty was unduly harsh.

The Commission dismissed the appeal, finding the Hearing Officer's inferences were reasonably drawn from the Agreed Statement of Facts and the penalty was justified given the serious and protracted nature of the misconduct.

The appellant, an Ontario Provincial Police officer, appealed a penalty decision ordering his resignation or dismissal after he pleaded guilty to discreditable conduct for recording and sharing a sex video of his former girlfriend without her consent.

The appellant argued the Hearing Officer erred in assessing the seriousness of the misconduct, the role of his PTSD diagnosis, and the consistency of the penalty.

The Ontario Civilian Police Commission dismissed the appeal, finding the Hearing Officer's decision was reasonable, supported by the record, and contained no errors in principle.

The penalty of dismissal was confirmed.

The applicant brought a motion to set aside the orders of a motions judge who had dismissed her motion to amend an application for judicial review and dismissed the application as moot.

The Divisional Court panel dismissed the motion, noting it was brought outside the four-day time limit and the applicant failed to identify any error of law.

The panel confirmed the motions judge had jurisdiction to hear the motion to amend pursuant to section 21(3) of the Courts of Justice Act.

The insurer brought a motion for the production of Ontario Provincial Police (OPP) records relating to the applicant's ATV accident.

The applicant consented to the release, but the OPP refused to produce the records without a court order, citing the Freedom of Information and Protection of Privacy Act.

The arbitrator held that under section 22(1) of the Insurance Act and the Statutory Powers Procedure Act, an arbitrator has the jurisdiction to order third-party production.

Finding the records relevant and necessary, the arbitrator ordered the OPP to produce the records subject to agreed redactions.