C.E. Fleck, Q.C.

The appellant police officer appealed his conviction for insubordination and the resulting penalty of termination.

The officer had refused a direct order to walk a beat, citing medical problems with his legs, but provided no further explanation at the time.

The officer had previously arranged to work until he qualified for a disability pension but later refused to comply with the agreed-upon shift work.

The Commission dismissed the appeal, finding that the charge sheet defects were not fatal, the ordering officers were not fully aware of his medical limitations, and there was no denial of natural justice.

The penalty of termination was upheld given the officer's admitted inability to perform general police duties.

The appellant police officer appealed his conviction for carelessly causing damage to a police cruiser after he drove it off a second-story parking area.

The appellant claimed a defective floor mat interfered with the pedals, causing unintended acceleration.

Fresh evidence from a mechanic who experienced the same issue with the repaired vehicle was introduced on appeal.

The Ontario Civilian Police Commission found the fresh evidence corroborated the appellant's explanation and quashed the conviction.