Christiane Huneault

The respondent public complainant sought partial indemnity costs of $9,316.87 from the applicant police officer following a proceeding.

The applicant did not dispute the quantum but argued no costs should be ordered because the matter was a test case concerning the standard of proof in police disciplinary cases.

The Divisional Court rejected this argument, finding that while the co-respondent police service did not seek costs, the proceeding was not a test case for the public complainant, who was maintaining a civil claim against the applicant.

The court awarded the requested costs to the respondent public complainant.

The applicant police officer sought judicial review of a decision by the Ontario Civilian Police Commission (OCPC) upholding his conviction for unnecessary exercise of authority.

The applicant argued that the hearing officer erred by applying the civil standard of proof (balance of probabilities) rather than a higher standard of 'clear and convincing evidence' under s. 84(1) of the Police Services Act.

The Divisional Court dismissed the application, holding that the Supreme Court of Canada's decision in F.H. v. McDougall established that there is only one civil standard of proof, and that police discipline hearings remain civil proceedings governed by the balance of probabilities.