The applicant Police Services Board sought judicial review of an arbitration award granting a police officer indemnification for legal costs incurred defending a criminal charge.
The officer had been acquitted of criminal charges but pled guilty to insubordination under the Police Services Act for breaching a directive during the same incident.
The arbitrator found the officer was attempting to perform his duties in good faith when the events giving rise to the criminal charge occurred, despite the breach of the directive.
The Divisional Court dismissed the application, finding the arbitrator's decision was reasonable.