C.M. Mitchell

The applicant Police Services Board sought judicial review of an arbitration award granting a police officer indemnification for legal costs incurred defending a criminal charge.

The officer had been acquitted of criminal charges but pled guilty to insubordination under the Police Services Act for breaching a directive during the same incident.

The arbitrator found the officer was attempting to perform his duties in good faith when the events giving rise to the criminal charge occurred, despite the breach of the directive.

The Divisional Court dismissed the application, finding the arbitrator's decision was reasonable.

The Toronto Police Services Board applied for judicial review of an arbitration award that ordered compensation to a police officer whose promotion was deferred due to pending disciplinary charges that were later withdrawn.

The Divisional Court applied the reasonableness standard of review and found that the arbitrator's interpretation of the collective agreement, which balanced the employer's right to defer promotion with the officer's right to be made whole upon exoneration, was reasonable.

The application for judicial review was dismissed.

The applicant judges' association sought judicial review of the Ontario government's decision to reject the pension recommendations of the Fourth Triennial Remuneration Commission.

The government had retained independent actuaries to cost the recommendations before rejecting them.

The Divisional Court held that the actuarial affidavits were admissible, as the government was entitled to seek expert advice to justify its decision.

The court found that the government was not required to return to the Commission before making its decision, and that its rejection of the recommendations met the constitutional standard of simple rationality.