Tribbling v. York Regional Board of Commissioners of Police, 1984 CanLII 3100

IN THE MATTER OF the Police Act, R.S.O., 1980, c. 381, and

Amendments thereto and Regulations thereunder;

and –

IN THE MATTER OF an Appeal to the Ontario Police Commission

by:

and –

IN THE MATTER OF an application by the York Regional

Board of Commissioners of Police to dismiss the Appeal

for want of prosecution:

DECISION

Panel: John P. MacBeth, Esq., Q.C.,

Vice Chairman

Hearing Date: Monday, March 5th, 1984

Hearing Location: Toronto, Ontario

Ontario Civilian Police Commission

250 Dundas Street West, Suite 605

Toronto, Ontario M7A 2T3

Tel: 416-314-3004

Fax: 416-314-0198

Website: www.ocpc.ca

Before: John P. MacBeth, Esq., Q.C.,

Vice Chairman

Appearances:

Edward Oakes, Esq.,

Counsel for the York Regional Board of

Commissioners of Police

Deputy Chief Donald Hillock

Kirk Rustad, Esq., representing

K. D. Murray, Esq.

Held: Monday, March 5th, 1984

1This is an application by the York Regional Board of Commissioners of Police for an order dismissing the appeal by Sergeant Douglas Tribbling for want of prosecution.

2Sergeant Tribbling was convicted by His Honour Judge W. E. Colter on three charges of neglect of duty on the 18th day of May, 1983 and on the 10th June, 1983 Judge Colter ordered him reduced in rank from Sergeant to First Class Constable.

3Under date of 14th June, 1983 Douglas Tribbling served Notice of Appeal against both conviction and penalty imposed.

4Subsequently the appellant failed to perfect the appeal and on the request of counsel for the York Regional Board of Commissioners of Police 10:00 A.M. on the 20th day of December, 1983 was set as the time and date for this Commission hearing the appeal.

5At that time counsel for the Regional Board made application for an order dismissing the appeal for want of prosecution. Notice of Motion of this application had been previously served and filed.

6On the 20th December, 1983 Mr. Oakes appeared on behalf of the Regional Board and Kenneth Murray, Esq. appeared on behalf of Douglas Tribbling.

7Mr. Murray stated that Douglas Tribbling abandoned his appeal in regard to conviction but wished to maintain his appeal as to sentence.

8By agreement the matter was adjourned sine die with Mr. Murray to attempt to obtain definite instructions from Douglas Tribbling.

9The matter again came on for hearing before me this day with the Regional Board renewing its application to have the matter dismissed for want of prosecution.

10Affidavit evidence was produced concerning failure of the appellant to order a transcript of evidence and his lack of interest to proceed with the appeal.

11Kirk Rustad a student of Kenneth D. Murray, Esq., Barrister-at-Law appeared on behalf of Mr. Murray.

12On the 24th February, 1984 Mr. Murray had filed Notice of Motion that he would be making application at this hearing for an order allowing counsel to be removed from the record on the ground that he had been unable to receive instructions with respect to this matter. In support of this application was a photostat copy of a letter to Douglas Tribbling, (registration receipt dated 20 Februry, 1984, attached), stating in part "Since I have no response from my letter to you of January 20, 1984, I have concluded that you no longer wish to persue this matter nor wish to retain my services".

13I granted the application of Kenneth D. Murray to be removed from the record.

14On reading the affidavits produced and on hearing what was said by both Mr. Oakes and Mr. Rustad I am satisfied that Douglas Tribbling has had full opportunity to proceed with his appeal, that he has been properly notified of this hearing today and that he has no intention of proceeding with the appeal.

15I therefore dismiss the appeal of Douglas Tribbling.

DATED at the City of Toronto in the Municipality of Metropolitan Toronto, this 5^th day of March, A.D. 1984.

John P. MacBeth, Q.C.,

Vice Chairman.