Graham Bebbington

The applicant police officer sought a stay of his dismissal from the police service pending judicial review of an Ontario Civilian Police Commission decision that confirmed his termination for discreditable conduct, neglect of duty, and deceit.

The court dismissed the motion for a stay, finding that the balance of convenience and irreparable harm did not favor the applicant.

The court noted that the applicant's losses were primarily financial and could be remedied with back pay if his judicial review application succeeded, whereas granting routine stays would contravene legislative policy.

The applicant, a Justice of the Peace, sought judicial review of decisions by the Justices of the Peace Review Council finding her guilty of judicial misconduct and recommending her removal from office.

The misconduct stemmed from an article she published criticizing the bail system and making personal attacks on Crown Attorneys.

The Divisional Court dismissed the application, finding the Review Council's decisions on misconduct, disposition, and costs compensation were reasonable and did not violate her Charter right to freedom of expression.

The Crown brought forfeiture proceedings against the accused for failing to attend court while on bail.

The accused challenged the court's jurisdiction, arguing the certificate of default was defective.

The court rejected the jurisdictional challenge, finding that a lack of particularity does not deny jurisdiction.

Considering the accused's financial circumstances and late disclosure by the Crown, the court ordered a reduced forfeiture of $500 instead of the pledged $2,500.