The appellant police officer appealed a decision finding him guilty of discreditable conduct and requiring his resignation or dismissal.
The charges arose from an incident where the appellant allegedly used profanity and made derogatory comments and threats regarding superior officers.
The appellant argued that the Chief of Police, who adjudicated the matter, was biased because he participated in the initial investigation and relied on extraneous matters not in evidence.
The Ontario Civilian Police Commission found that while the appellant's conduct was worthy of censure, the Chief's reliance on extraneous matters and deep involvement created an appearance of unfairness.
The appeal was allowed and the matter was returned for a rehearing.
