Dr. Salit

The appellant police officer appealed a Hearing Officer's decision finding him guilty of discreditable conduct and deceit, and the resulting penalty of dismissal.

The misconduct involved fabricating an anonymous traffic complaint against a known community member, conducting unauthorized database queries, and making false statements during the subsequent investigation.

The Ontario Civilian Police Commission dismissed the appellant's motion to introduce fresh evidence and dismissed the appeal on all grounds.

The Commission found the Hearing Officer's credibility assessments, rejection of the appellant's medical defence, and conclusion that the telecommunication recording system was reliable were reasonable.

The penalty of dismissal was upheld as falling within the reasonable range given the seriousness of the misconduct.

The appellant suffered a bowel leak after surgery and developed septic shock.

He sued the hospital and a nurse for delayed diagnosis and treatment, alleging nursing negligence and medication errors.

The trial judge dismissed the action, finding no breach of the standard of care and that the appellant failed to prove causation, as his injuries were inevitable due to the onset of the sepsis cascade before the alleged negligence occurred.

The Court of Appeal dismissed the appeal, finding no palpable and overriding errors in the trial judge's assessment of the evidence or application of the 'but for' causation test.