Fred W. Tranquilli

The appellant, an unrepresented public complainant, appealed the dismissal of disciplinary charges against a police officer.

The appellant argued that the Hearing Officer breached natural justice and procedural fairness by failing to provide him with a meaningful opportunity to participate in the hearing.

The Ontario Civilian Police Commission agreed, finding that the Hearing Officer failed to provide the minimum level of assistance required for an unrepresented party, such as explaining the process, confirming his understanding, and inviting him to call or cross-examine witnesses.

The appeal was allowed and a new hearing was ordered.

The Amherstburg Police Service brought a motion to file three affidavits responding to allegations of breaches of natural justice and procedural fairness in a disciplinary proceeding.

The Commission dismissed the motion, finding that the alleged breaches could be determined by reference to the record, making the affidavit evidence unnecessary and unfair.

The Commission also noted that it is improper for a Hearing Officer to swear an affidavit explaining their conduct after the fact.

The applicant filed a Request for an Order seeking production of documents from the respondent doctor, including data on patient roster changes and staff turnover.

The Tribunal denied the request, finding that the requested documents were not arguably relevant to the issue of whether the respondent's decision to end the doctor-patient relationship was a breach of the Human Rights Code.

The Tribunal noted that the applicant could not engage in a fishing expedition.

The appellant in a police discipline appeal brought a motion to introduce an affidavit alleging prosecutorial incompetence and breaches of natural justice during the hearing.

The Commission dismissed the motion, finding that the affidavit did not qualify as fresh evidence under the Palmer test.

Applying the Keeprite test, the Commission held that affidavit evidence to supplement the record is only admissible in rare circumstances where the alleged breach cannot be proven by reference to the record.

Because the appellant's allegations could be ascertained from the hearing transcripts, the affidavit was inadmissible.

The moving party brought a motion to strike portions of a Notice of Appeal and factums filed by a public complainant and the intervener.

The impugned portions alleged breaches of natural justice and prosecutorial incompetence during a police disciplinary hearing.

The Ontario Civilian Police Commission dismissed the motion, finding that it lacked the statutory authority under the Police Services Act or the Statutory Powers Procedure Act to strike pleadings that are clearly connected to the central issue of whether misconduct was proved on clear and convincing evidence.