The Commissioner of the OPP sought to stay a disciplinary hearing pending an application for judicial review based on a reasonable apprehension of bias by the adjudicator.
A motion judge denied the stay, finding the Commissioner lacked standing and failed to meet the test for a stay.
On review, the Divisional Court set aside the motion judge's order, holding that the Commissioner has standing to seek judicial review on procedural fairness grounds and that the proper test for a stay was met, as irreparable harm would result from continuing a hearing tainted by an apprehension of bias.
The stay was granted and the respondents' cross-motion to quash the application was dismissed.