The applicant sought leave to appeal a Hearing Officer's decision dismissing disciplinary charges against several police officers.
The respondents raised preliminary motions arguing that the chief of police's prosecutor was not a proper party to the appeal and that the appeal was filed outside the 30-day limitation period under section 70(1) of the Police Services Act.
The Ontario Civilian Police Commission held that the prosecutor is a proper party to the appeal.
The Commission also found that the appeal was filed within the 30-day period, as the time began to run when the applicant received written notice of the decision, not when he was verbally informed.
The preliminary motions to dismiss were denied.