Dr. Klaus Kuch

The Chief of Police appealed a decision of the Ontario Civilian Commission on Police Services (OCCPS) which reinstated a police officer who had been terminated by a Hearing Officer.

The officer, who developed a cocaine addiction and post-traumatic stress disorder while working undercover, had pled guilty to drug possession and disciplinary charges.

The employer and the officer had presented a joint submission on penalty proposing reinstatement with strict conditions, which the Hearing Officer rejected in favour of termination.

OCCPS found the Hearing Officer's decision unreasonable and substituted the joint submission.

The Divisional Court dismissed the Chief of Police's appeal, holding that OCCPS correctly applied the reasonableness standard of review and reasonably concluded that the Hearing Officer ignored relevant evidence and the employer's duty to accommodate the officer's disability.

The applicant was injured in a motor vehicle accident and received weekly income benefits until they were terminated by the insurer.

The applicant sought ongoing benefits, claiming substantial inability to perform the essential tasks of his employment in the music production industry due to physical and psychological injuries, including chronic pain syndrome.

The arbitrator found that while the applicant was employed at the time of the accident and suffered soft tissue injuries, the medical evidence from orthopaedic and psychiatric specialists did not support a finding of substantial disability beyond the termination date.

The claim for ongoing weekly income benefits was dismissed, but the applicant was awarded his reasonable arbitration expenses.

The applicant, a taxicab driver, was injured in a motor vehicle accident and subsequently developed post-traumatic stress disorder and a driving phobia.

The insurer terminated her weekly income benefits, arguing she had returned to her pre-accident condition.

The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of her occupation due to the psychological injuries caused by the accident.

However, because the applicant fabricated trip sheets to inflate her pre-accident income, the arbitrator awarded the minimum weekly benefit of $185.60 and reduced her expense award to two-thirds.