David Gibson Scott

Constable Favretto was dismissed by a Hearing Officer for discreditable conduct after pointing his firearm at a fellow officer while in a dissociative state caused by workplace harassment.

The Ontario Civilian Commission on Police Services varied the penalty to a demotion, finding the Hearing Officer failed to properly weigh provocation and rehabilitation.

The Divisional Court reinstated the dismissal.

The Court of Appeal allowed the officer's appeal, holding that the Divisional Court failed to properly apply the reasonableness standard of review to the Commission's decision, which was supported by a tenable explanation.

The Crown appealed a trial judge's order staying the respondent's second-degree murder trial for abuse of process and unreasonable delay under s. 11(b) of the Charter.

The trial judge had found over 150 Charter breaches by police and Crown counsel.

On appeal, the respondent conceded the trial judge's findings were unsupportable but argued the stay should be upheld because her trial counsel's incompetence caused the delay.

The Court of Appeal allowed the Crown's appeal, finding no evidence the respondent was unaware of her counsel's strategy, and set aside the stay of proceedings and costs order, directing a new trial.

The appellant appealed an order awarding costs directly against the Minister of Finance in third party proceedings initiated by the Motor Vehicle Accident Claims Fund.

The Court of Appeal found no error by the trial judge, noting that costs awarded against the Fund are paid by the Minister of Finance.

The appeal was dismissed with costs of $7,500 awarded to each respondent.

The employer applied for a first contract direction under the Labour Relations Act, 1995.

The union raised preliminary objections, arguing the applications were premature and should be dismissed.

The Board found the applications were premature but cured the irregularity under section 123 of the Act.

The Board further determined that the applications were properly governed by the Public Sector Labour Relations Transition Act (PSLRTA), which required the matter to be heard by a single vice-chair.

Ultimately, the parties concluded collective bargaining and ratified a Memorandum of Agreement, prompting the employer to seek leave to withdraw the applications.

The Board granted leave to withdraw.

The applicant union sought to include a warranty clerk and a cashier in the bargaining unit of service and parts department employees.

The respondent employer argued they were office staff and should be excluded.

The Ontario Labour Relations Board examined the duties, supervision, and working conditions of the two employees.

Applying the community of interest criteria, the Board found that their work was primarily clerical and their functional coherence and interdependence lay with the general accounting office rather than the production employees.

Consequently, the Board excluded both employees from the bargaining unit.