The appellant police officer appealed a decision of the Ontario Civilian Commission on Police Services, which upheld a Hearing Officer's finding that he was guilty of unlawful or unnecessary exercise of authority.
The charges arose after the appellant arrested an individual for public intoxication and failing to identify himself, resulting in an altercation.
The Divisional Court dismissed the appeal, finding that the Commission reasonably concluded the Hearing Officer's decision was supported by the evidence, despite deficiencies in the Hearing Officer's reasons regarding credibility findings.