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Appeal dismissed; Crown prerogative does not shield the government from a declaration of breach of contract.
The Crown and Ontario First Nations entered into a revenue sharing agreement requiring the Crown to appoint a First Nations representative to the board of directors of the Ontario Lottery and Gaming Corporation (OLG).
When no appointment was made, First Nations sought arbitration.
The Crown and OLG moved to strike the claim, arguing the appointment was protected by Crown prerogative and non-justiciable.
The arbitration panel dismissed the motion and also allowed First Nations to withdraw its claim against OLG.
The Crown and OLG appealed both decisions.
The Superior Court dismissed the appeals, holding that the Crown prerogative could not be used to avoid a declaration that a contract had been breached, and that OLG was not a necessary party to the arbitration.
Police officer's appeal of deceit conviction and five-day pay forfeiture for inaccurate report dismissed.
The appellant police officer appealed a conviction and penalty for deceit under the Police Services Act.
He was charged with negligently making an inaccurate statement in a report regarding an arrest, after failing to consult his notes.
The appellant argued the document was an unsigned draft and had not been formally submitted.
The Commission found the document was intended as a report and was placed in the system, upholding the conviction.
The penalty of forfeiting five days' pay was also upheld, given the seriousness of the inaccuracy in the context of responding to public criticism of the police force.
