The appellant police officer appealed a decision of the Ontario Civilian Commission on Police Services, which had dismissed his appeal of a hearing officer's interlocutory ruling on the basis that the notice of appeal was out of time.
The Divisional Court allowed the appeal, finding that the hearing officer's ruling was interlocutory and could not be appealed until a decision on the merits was made.
Since the notice of appeal was filed within 30 days of the decision on the merits, it was timely.
The matter was remitted to the Commission to determine the appeal on the merits.
