The applicant police officer sought judicial review of an Ontario Civilian Police Commission (OCPC) decision that ordered a new discipline hearing.
The OCPC had found that the Hearing Officer breached procedural fairness by failing to provide minimum assistance to the unrepresented public complainant.
The Divisional Court dismissed the application, upholding the OCPC's refusal to admit fresh affidavit evidence about off-the-record events.
The Court also rejected the applicant's argument that the complainant needed to prove actual prejudice, affirming that a breach of procedural fairness carries inherent prejudice and denies a meaningful role in the proceeding.
