Guy J. Pratte

The Ontario Civilian Commission on Police Services appealed two Divisional Court decisions quashing its orders to hold hearings into civilian complaints against police officers.

The Divisional Court had held that the Commission failed to specify the allegations with sufficient particularity.

The Court of Appeal allowed the appeals, holding that the Commission is only required to provide sufficient information to permit the chief of police to reasonably inform the officer of the case to meet, and is not required to draft the actual charge or provide reasons.

The Court also dismissed a cross-appeal, finding that the remedial steps in s. 13(3) of the Regulation do not apply to public complaints of unsatisfactory work performance.

The City of Kingston sought leave to appeal a decision of the Ontario Energy Board regarding the renewal of Union Gas Ltd.'s franchise to operate a gas distribution system in the former Township of Pittsburgh.

The City also sought a stay of the OEB's order and an expedited hearing.

The court held that under the Ontario Energy Board Act, 1998, the City had a statutory right of appeal without needing leave, as its provisions overrode the leave requirement in the Municipal Franchises Act.

The court granted a partial stay of the OEB's order pending the appeal but denied the request for an expedited hearing before a single judge.