Court File and Parties

ONTARIO

SUPERIOR COURT OF JUSTICE

(Divisional Court)

BETWEEN:

LONDON POLICE ASSOCIATION and CONSTABLE JOHATHAN LEAHY

Applicants

-and-

LONDON POLICE SERVICE and ONTARIO POLICE CIVILIAN COMMISSION

Respondents

Reasons for Decision

BEFORE THE HONOURABLE MR. JUSTICE J. KENT, MR. JUSTICE C. CONLAN and MR. JUSTICE M. VARPIO

on May 2, 20l4, in LONDON, ONTARIO

APPEARANCES:

A. Caman counsel for applicants

B. Brown Counsel for the respondents

FRIDAY, MAY 2, 2014

CONLAN J. (orally)

Assuming, without deciding, that the part of the Chief's order dealing with tax information was indeed unlawful, as submitted by the applicant, the remaining aspects of the Chief's order, acknowledge by the applicant to have been clearly lawful, had to be complied with. Failure to have done so amounted to insubordination, as found by Superintendent Elbers and the Commission at paragraph 72 of the Commission's decision, dated Feb 13, 2012. In deciding so, the Commission, in our view, was correct. Police officers are obliged to obey lawful orders: Precious and Hamilton Police Service(2002), 3 O.P.R. 1561, at page 11 of the decision of the Ontario Civilian Commission.

We appreciate the very able and persuasive submissions by Mr. Caman, and the invitation by the applicant to make new law in this case. We decline to do so on these facts.

For these reasons, the application for judicial review is dismissed.

Certification

FORM 2

CERTIFICATION OF TRANSCRIPT (SUBSECTION 5(2))

Evidence Act

I, Antoinette Villani-O’Donnell, certify that this document is a true and accurate transcript of the recording of London Police Association et al v. London Police Service et al, in the Ontario Superior Court of Justice, Divisional Court, held at 80 Dundas Street, London, Ontario, N6A 6A3 taken from Recording 2311_CrtRm15_20140502_085908__10_KENTJ.dcr, the original of which has been certified in Form l.

May 6, 2014 (original signed)

Date Authorized signature