2 total
Police officer's appeal of dismissal for drug use and unauthorized database access dismissed; fresh evidence rejected.
The appellant police officer appealed a Hearing Officer's decision ordering his dismissal after he pleaded guilty to insubordination and discreditable conduct, including unauthorized CPIC queries, illegal drug use, and requesting a ticket be voided.
On appeal, the appellant sought to introduce fresh medical evidence regarding a PTSD diagnosis.
The Commission dismissed the motion to admit fresh evidence, finding it could have been obtained prior to the hearing with due diligence.
The Commission upheld the penalty of dismissal, concluding the Hearing Officer reasonably weighed the dispositional factors and the severity of the misconduct.
Motion for production of in-camera municipal reports granted; Wigmore privilege not established.
The applicant union brought a motion for the production of confidential reports made to the City's Board of Control and Council regarding pay equity.
The City resisted production, arguing the reports were protected by Wigmore privilege because they were dealt with in-camera.
The Tribunal ordered production, finding that the City failed to establish the fourth precondition of the Wigmore test, as the potential injury to future confidential communications did not outweigh the benefit to the administration of justice in correctly disposing of the litigation.
