M. Penny

The appellants, the Chief of the Durham Regional Police Service and the Durham Regional Police Services Board, sought judicial review of an interim order made by the Ontario Civilian Police Commission.

The Commission had appointed an Administrator to oversee disciplinary proceedings, promotions, and secondary employment within the Service, citing an emergency and a crisis of confidence.

The Divisional Court dismissed the application, finding that the Commission had the jurisdiction to make the interim order without notice or a hearing under section 24(1) of the Police Services Act.

The Court held that the decision was reasonable, did not breach procedural fairness, and did not raise a reasonable apprehension of bias.

The appellant appealed a trial judgment that dismissed her claims for unjust enrichment and a joint family venture arising from her involvement in the respondent's dog grooming business during their common-law relationship.

The trial judge had found the appellant exaggerated her involvement and was adequately compensated.

On appeal, the Divisional Court found no palpable and overriding error in the trial judge's factual and credibility findings.

The court also rejected the appellant's argument that her trial counsel provided inadequate representation.

The appeal was dismissed.

The appellant appealed a motion judge's decision to impute an annual income of $130,000 to him for the purpose of calculating spousal support.

The appellant argued the motion judge erred by relying solely on previous earnings.

The Divisional Court dismissed the appeal, finding the motion judge considered multiple factors including age, education, skills, and local job market rates.

The court also dismissed a motion to introduce fresh evidence of the appellant's post-hearing employment, noting the proper procedure for changed circumstances is a new motion to change.