The applicants sought judicial review of a decision by the Ontario Civilian Commission on Police Services refusing to consent to the abolition of the municipal police force unless the Ontario Provincial Police (OPP) agreed to binding arbitration regarding the hiring of a specific officer.
The Divisional Court allowed the application, finding that the Commission's jurisdiction under section 40(3) of the Police Services Act is limited to ordering arbitration between a police board and a member regarding severance pay.
The Commission had no statutory authority to order the OPP to submit to arbitration regarding an officer's suitability for employment.
The condition was set aside and the Commission was directed to consent to the termination.
