Oscar Moody

The applicant police officer sought judicial review of an Ontario Civilian Police Commission (OCPC) decision that upheld his misconduct conviction for Unlawful or Unnecessary Exercise of Authority and ordered a new hearing for a Neglect of Duty charge.

The charges arose from an incident where the officer failed to remove handcuffs from a misidentified suspect after learning they were not the intended target.

The Divisional Court dismissed the application, finding the OCPC's decision reasonable.

The court upheld the OCPC's dismissal of a fresh evidence motion regarding post-decision communications, found no reversible error in the hearing officer's use of copied precedents, and agreed that the failure to release the misidentified suspect constituted an unlawful arrest.

The applicant, a police constable, sought judicial review of an Ontario Civilian Police Commission decision upholding a finding of discreditable conduct.

The misconduct arose from profane and abusive comments the applicant submitted to an anonymous virtual suggestion box intended for EDI initiatives.

The applicant argued the process was an abuse of process due to entrapment and that his comments were protected by case-by-case privilege.

The Divisional Court dismissed the application, finding no reviewable error in the Commission's application of the legal principles, including the test for privilege, as the comments fell outside the purpose of the suggestion box.

The plaintiffs in two related actions sought an interim Mareva injunction against the defendants, alleging a fraudulent investment scheme involving the purchase and resale of used vehicles.

The court found a strong prima facie case of fraud, noting evidence of non-existent purchasers, missing funds, and the transfer of assets by the personal defendant.

The court granted the Mareva injunction in the standard form, rejecting the defendants' request for an adjournment and their proposed terms allowing discretionary withdrawals for living expenses and business operations.

The moving party, Facca Incorporated, brought a motion for leave to appeal a November 2019 order.

The Divisional Court dismissed the motion for leave to appeal.

Costs of $2,000 were awarded to the third party, The Manufacturers Life Insurance Company, payable by the moving party.

No costs were awarded to the responding plaintiff as no costs submissions were received.