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Motion granted to adduce fresh evidence and obtain disclosure regarding police officer's removal from specialty team.
The appellant police officer brought a motion within her disciplinary appeal to adduce fresh evidence and obtain disclosure regarding her permanent removal from the Emergency Response Team (ERT).
She argued the removal constituted disguised discipline that resulted in a loss of specialty and overtime pay, which should have been considered by the Hearing Officer.
The Ontario Civilian Police Commission applied the Palmer test and granted the request to adduce fresh evidence regarding the financial impact of her removal.
The Commission also applied the West Park Hospital test and ordered the respondent to disclose materials related to the removal decision, finding the information arguably relevant to the live issue of whether the removal was disguised discipline or a purely operational decision.
Finding of police misconduct for unlawful arrest upheld, but penalty reduced to a reprimand.
Constable Pigeau appealed a finding of guilt for unlawful or unnecessary exercise of authority and the resulting penalty of a loss of 16 hours off and directed training.
The misconduct arose from an incident where the officer made physical contact with a pedestrian he suspected of public intoxication, leading to an altercation and an unnecessary arrest.
The Ontario Civilian Commission on Police Services upheld the finding of misconduct, applying a reasonableness standard of review and finding that the officer lacked legal justification for the physical contact.
However, the Commission found the penalty to be harsh and excessive, varying it to a reprimand and a requirement to attend refresher training on powers of arrest.
Police discipline appeal adjourned to allow service of Notice of Appeal on the original complainant.
The appellant police officer appealed a disciplinary finding and penalty but failed to serve the complainant, who was a party to the original proceedings, with the Notice of Appeal or related materials.
The Commission held that the complainant is a party to the appeal and must be served.
To protect the complainant's rights without unduly prejudicing the appellant for counsel's oversight, the Commission ordered the appellant and respondent police service to serve the complainant within 21 days and adjourned the appeal.
Commission lacks jurisdiction to hear disciplinary appeal after the subject police officer retires.
The appellant filed a public complaint against a police officer, which led to a disciplinary hearing where the officer was found not guilty of discreditable conduct.
The appellant appealed the decision to the Ontario Civilian Commission on Police Services.
Before the appeal could be heard, the officer retired from the police force.
The Commission held a motion to determine its jurisdiction and concluded that under the Police Services Act, it has no jurisdiction to conduct a disciplinary appeal regarding an individual who is no longer a police officer.
Appeal of health and safety inspector's order regarding inadequate portable toilets on construction site dismissed.
The applicant, a supplier of portable toilets, appealed an inspector's order issued to a constructor regarding inadequate toilet and clean-up facilities at a construction site.
The inspector found that the portable toilets lacked functioning traps, paper towels, and hot running water, contrary to O. Reg. 213/91.
The Board found the inspector's evidence credible and uncontradicted regarding the state of the facilities on the day of inspection.
The Board dismissed the appeal, concluding that the order was justified and that the applicant was not prejudiced by any alleged lack of clarity in the order.
