Luke Reidy

The applicant, a police officer, sought judicial review of a decision by the Ontario Civilian Police Commission (OCPC) upholding a Hearing Officer's finding of discreditable conduct and a penalty of demotion.

The misconduct arose from an off-duty physical altercation with his estranged wife.

The Divisional Court applied a reasonableness standard of review, finding that the OCPC reasonably concluded the Hearing Officer properly admitted hearsay evidence, correctly applied the test for discreditable conduct, and imposed a penalty within the appropriate range.

The application for judicial review was dismissed.

The applicant, the Prime Minister of Canada, sought to quash a subpoena compelling him to testify at the criminal trial of the respondent, who was charged with assault with a weapon for throwing gravel at the applicant during a campaign event.

The court quashed the subpoena on three independent grounds: the respondent failed to show the applicant was likely to give material and necessary evidence; the subpoena was an abuse of process intended for political purposes rather than legal ones; and the applicant enjoyed absolute parliamentary privilege providing testimonial immunity while Parliament is in session.

The defendant, E.R., was charged with sexual assault.

The central issue was whether the complainant, Ms. Mathewson, consented to the sexual activity and whether E.R. had an honest but mistaken belief in her consent.

The court found Ms. Mathewson's evidence regarding lack of consent unreliable due to inconsistencies and accepted E.R.'s detailed and corroborated account of consensual activity.

The court concluded that Ms. Mathewson had capacity to consent and did so through affirmative conduct, and E.R.'s belief in her consent was honest and reasonable.

E.R. was found not guilty.

The accused, charged with dangerous driving causing death after his commercial truck collided with a car, brought a Charter application seeking a stay of proceedings.

He alleged the Crown breached his section 7 rights by releasing the truck to its owner, thereby losing or destroying material evidence regarding the truck's weight and braking capacity.

The Superior Court of Justice dismissed the application, finding the accused failed to establish on a balance of probabilities that the evidence was lost or destroyed, noting the defence had multiple opportunities to inspect the vehicle and had in fact obtained an expert report.

Staff of the Ontario Securities Commission alleged that the respondents engaged in insider trading and tipping regarding shares of WeedMD Inc. prior to a public announcement of a major expansion.

Carr, an employee of WeedMD, admitted to illegally tipping Rosborough and trading shares while in possession of material non-public information.

Staff alleged that Rosborough subsequently tipped Graham, who then traded WeedMD shares.

The Tribunal found that while the timing of Graham's trades was suspicious, Staff failed to prove on a balance of probabilities that Graham possessed the material non-public information when he traded.

However, the Tribunal found that Graham made materially misleading statements to Staff during the investigation regarding his work relationship with Rosborough, contrary to s. 122(1)(a) of the Securities Act.

A hearing regarding sanctions and costs was ordered to be scheduled.

The appellant police officer appealed a Hearing Officer's decision finding him guilty of two counts of discreditable conduct and imposing a penalty of demotion from First Class to Fourth Class Constable.

The charges arose from an off-duty domestic altercation where the appellant pushed his estranged wife.

The Commission dismissed the appeal, finding that the Hearing Officer reasonably admitted and weighed hearsay evidence, made reasonable findings of fact supported by the appellant's own admissions, and appropriately applied the dispositional factors.

The penalty of demotion, while severe, was found to be within the reasonable range of outcomes.