J. Barrow

The applicant, a police constable, sought judicial review of a decision by the Ontario Civilian Police Commission that upheld a Hearing Officer's findings of misconduct and the penalty of dismissal.

The misconduct involved driving a police cruiser without a valid license, failing to report a collision, having the vehicle inspected by an unauthorized mechanic, and deceiving a supervising officer.

The Divisional Court applied the reasonableness standard of review and found that the Commission had properly addressed the applicant's arguments and reasonably upheld both the misconduct findings and the termination of employment.

The application for judicial review was dismissed.

The applicant union sought judicial review of a labour arbitrator's decision dismissing a national policy grievance.

The grievance alleged the employer's policy regarding the transfer of employees with permanent partial disabilities violated the collective agreement.

The union argued the arbitrator breached procedural fairness due to a five-year delay in rendering the decision and by relying on a provision of the collective agreement not raised by the parties.

The Divisional Court dismissed the application, finding the delay did not cause significant prejudice and the arbitrator was entitled to consider the entire collective agreement.

The court also held the arbitrator's interpretation of the collective agreement and the duty to accommodate was reasonable.