The applicant, a police inspector, brought an application for judicial review challenging the refusal of the Ontario Civilian Commission on Police Services to investigate his allegations of police misconduct, and the Minister's refusal to request such an investigation.
The Commission and the Minister brought a motion to dismiss the application against them.
The Divisional Court granted the motion to dismiss, finding that the applicant lacked standing because the Police Services Act does not grant him the right to request an investigation.
Furthermore, the court held that even if the applicant had standing, the application could not succeed because the respondents owed no duty to the applicant, their decisions did not affect his legal rights, and the remedies of mandamus, certiorari, and judicial review of a statutory power of decision were therefore unavailable.
