The Ottawa Police Services applied for judicial review of a decision by the Ontario Civilian Police Commission, which had reinstated a police officer previously dismissed for unsatisfactory work performance.
The Commission had found that the police service failed to strictly follow its established procedures under O. Reg. 268/10 before initiating the complaint.
The Divisional Court (majority) held that the Commission's strict interpretation of the regulation was unreasonable, finding that the police service's extensive ad hoc efforts to assist the officer substantially complied with the statutory requirements.
The application for judicial review was granted, the Commission's decision was set aside, and the matter was remitted.
